Who Inherits If You Die 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.

A surviving spouse may claim an elective share based on the length of the marriage: 15% of total net assets (under 5 years), 25% (5 to under 10 years), 33% (10 to under 15 years), or 50% (15 years or more), reduced by property already passing to the spouse. The petition must be filed with the clerk of superior court within six months after letters are issued.

Collection by affidavit is available when the decedent's personal property (minus liens) is worth $20,000 or less, or $30,000 or less if the person filing is the surviving spouse who is entitled to all of it (reduced by any spousal allowance paid). At least 30 days must have passed since death. An heir, creditor or public administrator (and, if there is a will, the named executor or a devisee) files the affidavit with the clerk of superior court in the county of domicile before collecting assets. If there is a will, it must first be admitted to probate. Real estate is not collected this way; the affidavit only lists it.