Affidavit of Heirship in North Carolina
Whether North Carolina lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Surviving spouse and one child (or a deceased child's descendants): spouse gets one-half of real estate and the first $60,000 of personal property plus one-half of the rest. N.C. Gen. Stat. §§ 29-14, 29-15
| Who inherits without a will | Surviving spouse and one child (or a deceased child's descendants): spouse gets one-half of real estate and the first $60,000 of personal property plus one-half of the rest. Spouse and two or more children: spouse gets one-third of real estate and $60,000 of personal property plus one-third of the rest. Spouse, no descendants, but a parent survives: spouse gets one-half of real estate and $100,000 of personal property plus one-half of the rest. Spouse with no descendants or parents: spouse takes everything. Whatever the spouse does not take (or everything, if no spouse) goes to children and their descendants; if none, to the parents; then brothers and sisters and their descendants; then grandparents, aunts and uncles split between the father's and mother's sides. Shares of other heirs: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-15.html Source: N.C. Gen. Stat. §§ 29-14, 29-15 |
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More North Carolina estate law
- Medical Power of Attorney in North Carolina
- Small Estate Affidavit in North Carolina
- Power of Attorney in North Carolina
- Quitclaim Deeds and Transferring Property in North Carolina
- Who Inherits If You Die Without a Will in North Carolina
- How to Make a Valid Will in North Carolina
- How Probate Works in North Carolina
- Living Wills and Advance Directives in North Carolina
- Revocable Living Trusts in North Carolina
- Executor Duties in North Carolina
- Letters Testamentary in North Carolina
- How to Avoid Probate in North Carolina
- Transferring a Car After Someone Dies in North Carolina
- All North Carolina wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in North Carolina?
Surviving spouse and one child (or a deceased child's descendants): spouse gets one-half of real estate and the first $60,000 of personal property plus one-half of the rest. Spouse and two or more children: spouse gets one-third of real estate and $60,000 of personal property plus one-third of the rest. Spouse, no descendants, but a parent survives: spouse gets one-half of real estate and $100,000 of personal property plus one-half of the rest. Spouse with no descendants or parents: spouse takes everything. Whatever the spouse does not take (or everything, if no spouse) goes to children and their descendants; if none, to the parents; then brothers and sisters and their descendants; then grandparents, aunts and uncles split between the father's and mother's sides.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.