North Carolina Wrongful Death Laws

  • If you die in the state of North Carolina without a will, you are said to have died intestacy. Your assets will go to your closest relatives under the state “intestate succession” laws. Assets that are not affected by intestate succession laws include those that would not go through your will otherwise.

    Read the following to understand intestacy laws in North Carolina:

    • If the deceased left behind children but no spouse, the children inherit everything.
    • If the deceased left behind a spouse and no children or parents, the spouse inherits everything.
    • If the deceased left behind a spouse and one child or descendants of one child, the spouse inherits 1/2 of the intestate personal property. If the deceased left behind property worth $60,000 or less, the spouse inherits all of it. If the deceased left behind property worth more than $60,000, the spouse inherits $60,000 plus 1/3 of the remainder. The children or descendants of the children inherit 1/2 of the intestate real estate and any intestate property remaining after the spouse’s share.
    • If the deceased left behind a spouse and two or more children, or descendants of those children, the spouse inherits 1/3 of the intestate real estate and a portion of the intestate personal property. If you die with personal property worth $60,000 or less, your spouse inherits all of it. If you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance. The children or descendants inherit 1/3 of real estate and personal property remaining after the spouse’s share.
    • If the deceased left behind a spouse and parents, the spouse inherits 1/2 of the intestate real estate and a portion of the intestate personal property. If the deceased leaves behind personal property worth $100,000 or less, the spouse inherits all of it; if the spouse leaves behind more than $100,000 of personal property, the spouse inherits $100,000 and 1/2 the balance. The parents inherit 1/2 of the property remaining after the spouse has received their share.
    • If the deceased leaves behind parents but no spouse or descendants, the parents inherit all of the intestate property.
    • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings inherit all of the intestate property divided equally.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.

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