An Overview of How Inheritance Works Without a Will in North Carolina
Planning for the future can feel frustrating, uncomfortable, and intimidating, so let us help take the guesswork out of it. If you’re wondering or worried what could happen if you die without a will and who will get what, this legal guide will help explain. If you need help with estate planning or just have a question, do not hesitate to contact us for an initial consultation (don’t worry—it’s free).
survived by: A spouse (with no living children or parents)
Your spouse inherits everything
survived by: a spouse and living parents
Your spouse inherits 50% of your real estate and a portion of your personal property.
For personal property worth $100,000 or less, your spouse inherits all of it
For personal property worth more than $100,000, your spouse inherits $100,000 plus 50% of whatever is left
Your parents inherit 50% of your real estate and any personal property remaining after the spouse’s share.
survived by: children (with no living spouse)
Your children inherit everything.
survived by: A spouse and one child (or that child’s own children)
Your spouse inherits 50% of your real estate and a portion of your personal property.
For personal property worth $60,000 or less, your spouse inherits all of it
For personal property worth more than $60,000, your spouse inherits $60,000 plus 50% of whatever is left
Your child (or his/her children if your child has died) inherits 50% of your real estate and your remaining personal property after your spouse’s share.
survived by: A spouse and 2 or more children (or those children’s own children)
Your spouse inherits 1/3 of your real estate and a portion of your personal property.
For personal property worth $60,000 or less, your spouse inherits all of it.
For personal property worth more than $60,000, your spouse inherits $60,000 plus 50% of whatever is left
Your children (or your children’s children) inherit 1/3 of your real estate and any personal property remaining after the spouse’s share.
Survived by: parents (with no living spouse, children or grandchildren)
Your parents inherit everything.
Survived by: Siblings (with no living spouse, parents, children, or grandchildren)
Your siblings inherit everything.
Survived by: No one (with no living spouse, parents, siblings, children or grandchildren, or relatives)
Possibly forfeited to the State of North Carolina.
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