What Happens If You Die Without a Will?
When someone dies without a will in North Carolina, it’s called dying intestate. That simply means the person didn’t leave behind a legally valid will to direct what should happen to their property. In those situations, North Carolina law steps in to determine who inherits what.
While the law does its best to be fair, the results often don’t reflect what the person would have actually wanted.
The State’s Formula
North Carolina has what’s called an “intestate succession” statute. It’s a default plan for distributing property when there’s no will. The plan depends heavily on the person’s family situation at the time of death.
Let’s walk through a few common scenarios:
If You’re Married with Children
Many people assume their spouse would automatically receive everything, but that’s not always the case.
If you die with a spouse and children, your spouse will receive the first $60,000 of personal property and one-third of everything else. Note that this increases to one-half if you only have one child.
Your children will receive the remainder of your assets.
This can create complications—your spouse and children may end up co-owning property, which isn’t always practical. If when minors are involved? Things get messy in a hurry.
If You’re Married without Children
If you’re married and don’t have children, your spouse inherits everything if your parents are no longer living. However, if your parents are still living:
Your spouse will receive the first $100,000 of personal property and half of the remainder, as well as half of any real estate.
Your surviving parents will receive the other half of the personal and real property.
Again, this might not be what you expected. Most people assume their spouse will inherit everything, but North Carolina law gives your parents a share unless you’ve planned otherwise through a will.
If You’re Unmarried with Children
Your children will inherit your estate in equal shares—whether they’re ready for it or not. If one of your children has passed away but left behind children of their own (your grandchildren), they will receive their parent’s share.
If your children are minors, their share will likely be forced into management by a court-appointed guardian until they reach 18. Without a will, you won’t have a say in who that guardian is—the court will make that decision.
If You’re Unmarried without Children
Your estate will go to your parents. If your parents are no longer living, it goes to your siblings. If they’re not living, then to nieces and nephews, and so on. The law works its way through your family tree—first through your biological family, and then more distantly if necessary.
If no living relatives can be found within “five degrees of kinship”, your estate eventually goes to the State of North Carolina.
Why Having a Will Matters
Even for the smallest of estates, a simple will can cover a multitude of scenarios.
It allows you to decide:
who inherits your assets.
who will serve as guardian for your minor children.
who will be in charge of carrying out your wishes.
A will can also avoid unnecessary court costs, delays, and conflict among your family members.
Without a will, an estate can turn into complicated legal processes. And the people you trust most may have no legal authority to act on your behalf without permission from the court.
Final Thought
If you’ve been putting off writing a will, you’re not alone. But making the decision to put a plan in place is one of the most thoughtful things you can do for your family. North Carolina’s intestacy laws are a safety net—but they’re no substitute for a plan that reflects your actual wishes.