What Happens If You Die Without a Will in NC

When you die without a Will in North Carolina, known as dying intestate, the state’s intestacy laws dictate who inherits your property following a predetermined formula created by the legislature. This one-size-fits-all approach overlooks your personal wishes, the unique needs of your family, and the dynamics of your relationships and can result in outcomes that may not align with your intentions.

This article summarizes the statutory rules that control who receives your property if you die without a Will in North Carolina and answers some common questions such as:

What Controls Who Inherits My Property if I Die Without a Will?

Creating a Will empowers you to choose who will receive your property after you die. Without one, the North Carolina’s Intestate Succession Act applies. The laws are rigid and inflexible. They represent the legislatures best guess on how a typical deceased North Carolinian would want their property distributed. As such, they can result in your property passing in a manner that is contrary to what you would have wanted.

Do Intestacy Laws Apply to All Property?

No, intestacy laws only apply to probate assets, meaning assets owned solely by the deceased without designated beneficiaries. The following assets typically pass outside of intestacy laws:

• Jointly Owned Property: If real estate or bank accounts are held as joint tenants with right of survivorship or tenants by the entirety (for married couples), ownership automatically transfers to the surviving owner.
• Beneficiary-Designated Accounts: Life insurance policies, retirement accounts (such as 401(k)s and IRAs), and bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations go directly to the named beneficiaries.
• Trust Assets: Property placed in a revocable living trust will pass according to the trust terms and does not go through intestate succession.

Who Inherits When Single Persons with No Descendants Die Without a Will in North Carolina?

When a single person with no descendants dies without a Will, their property passes as follows:

• If both parents survive, they inherit everything.
• If only one parent survives, they inherit everything.
• If neither parent survives, the estate passes to siblings (or their descendants).
• If no surviving parents or siblings exist, half the estate will pass to maternal relatives and the other half to paternal relatives.
• If no living relatives exist, the estate escheats to the State of North Carolina.

Who Inherits When Single Persons with Children Die Without a Will?

When a person dies intestate (without a will) in North Carolina and has surviving children but no spouse, their entire estate passes to their children. The descendants of any deceased child would inherit their parent’s share.

If you have two or more children, who all survive you, they will all share your property equally. However, if one or more or more of your children die before you, the deceased child’s share will pass to their surviving descendants.

• Suppose John had three children, Tom, Dick, and Harry, but Tom dies before John. Suppose Tom had a couple of surviving children, Jack and Jill. In this case, Dick and Harry would each receive a third of John’s property, and Jack and Jill would share the third that would have passed to Tom.
• But what if Tom and Dick both died before John, and Dick had one child, Mary, who survived him. In this case, Harry would receive a third of the property, but since the remaining beneficiaries are all John’s grandchildren, Jack, Jill, and Mary would each receive an equal share of the remaining two-thirds of the property.

Who Inherits When Married People Die Without a Will in North Carolina?

Many people assume that if you die without a Will and have a surviving spouse, all your property will pass to your surviving spouse. That’s not always the case.

If you die married, the distribution of your other property will depend on whether the property is real property or personal property, and whether you have surviving parents or children.

Real Property (Land, Homes, Real Estate)

In North Carolina, how real property passes upon the death of a spouse depends on how the property is titled. The three most common forms of ownership and their inheritance implications are as follows:

1. Tenancy by the Entirety (TBE) – Most Common for Married Couples

North Carolina law assumes that real estate acquired by a married couple is held as tenants by the entirety unless otherwise specified. When one spouse dies, the surviving spouse automatically inherits full ownership of the property.

2. Joint Tenancy with Right of Survivorship (JTWROS)

If the property is explicitly titled as joint tenants with right of survivorship, the surviving spouse automatically becomes the sole owner. Intestacy laws do not apply because the property transfers automatically.

3. Separate Property and Tenancy in Common (TIC)

If the property is owned as one spouse’s separate property or as tenants in common, each spouse owns a distinct share, which does not automatically pass to the surviving spouse. When one spouse’s share goes is either distributed according to their Will, or North Carolina’s intestacy laws if no will exists.

If you die without a Will, this real estate will pass as follows:

• If you don’t have children or surviving parents, all your real property will pass to your surviving spouse.
• If your parents survive you but you have not children, your spouse will inherit one-half and your parents will inherit one-half
• If one child (or their descendants) survive you, your spouse inherits one-half and our your child inherits one-half
• If two or more children (or their descendants) survive, your spouse will inherit one-third in your real property, and your children will inherit the rest.

Personal Property (Bank Accounts, Vehicles, Jewelry, etc.)

If you die without a Will, your personal property will be distributed as follows:

• If you don’t have children or surviving parents, your spouse will inherit all your personal property.
• If you do not have children, but both or either of your parents survive you, then your spouse receives the first $100,000 in value plus one-half of the balance of the personal property; your parents would inherit the remainder.
• If one child (or descendants of one child) survive you, your spouse will inherit the first $60,000 in of personal property plus one-half of the balance of the property. Your children or their descendants will inherit the remainder.
• If two or more children (or their descendants) survives you, then your spouse inherits the first $60,000 in value but only one-third of the balance of the personal property; your children inherit the remaining personal property.

Note, however, that North Carolina Provides a safeguard for surviving spouses. Under North Carolina law, a spouse can claim an elective share of your estate, regardless of what your Will says.

What Happens If You Don’t Have Surviving Blood Relatives?

If you die without a will and have no surviving spouse, children, parents, siblings, or extended relatives, your property will pass to the State of North Carolina.

Why You Need a Will

Dying without a Will can be problematic for many people, including:

• Fiancés or unmarried partners inherit nothing.
• Estranged parents may inherit against your wishes.
• Surviving spouses may not receive all property.
• Minors inherit assets at 18, without safeguards for responsible management.

For example, suppose you are single but plan to marry your fiancé with whom you live. If you die without a Will, your fiancé would not receive your estate, something you likely would have wanted. Or perhaps you have a strained relationship with one or more of your parents. You may have preferred your estate to pass to a friend or a charity. That wouldn’t matter either. Your parents would inherit your property anyway.

Surviving spouses, who assume they will inherit all their spouse’s property after they die, are usually shocked to discover that is not the case. This can be especially catastrophic in situations where there is a contentious relationship with the deceased spouse’s parents, or in blended family situations where there is an acrimonious relationship with stepchildren.

In situations where children are minors, not having a Will means the court Will appoint a guardian to hold the property your children inherit. The guardian will need to file annual accountings, which can be time-consuming and costly. Additionally, the guardian would not be permitted to distribute principal for the child’s support or education unless evidence existed that your spouse lacked sufficient assets to provide support. Finally, your children would receive that property on their 18^th birthday, when they may not have the wisdom or maturity to handle it.

Having a will ensures your wishes are honored and your loved ones are protected. If you want control over your estate, consult an estate planning attorney to create a legally valid will.

Why Work with an Estate Planning Attorney?

An experienced North Carolina estate planning attorney can help you navigate these legal requirements to ensure your North Carolina Will carries out your wishes after you die.

This article was originally published on January 2, 2022 and updated on February 1, 2025.