What Happens If You Die Without a Will in North Carolina?
Many North Carolina residents pass away every year having never developed an estate plan or even written a will. In North Carolina, if you pass away without a will, the state—not you or your loved ones —will determine how your assets are distributed. This can lead to unintended consequences, legal complications, and avoidable family disputes.
North Carolina’s Intestacy Laws
When someone dies without a will (known as dying “intestate”), North Carolina law dictates how their assets are distributed. The order of inheritance depends on your family makeup:
- Married with children: Your spouse will share your assets with your children.
- Married without children: Your spouse may have to split assets with your parents or other relatives.
- Single with children: Your children inherit everything, divided among them in equal shares.
- No spouse or children: Your parents, siblings, or other relatives will likely inherit your estate. If no relatives are found, your assets will escheat to the state.
What About Minor Children?
If you have children under the age of eighteen and no surviving spouse or other guardian of those children, dying without a will means the court will likely decide who raises them. Without clear instructions, family members often disagree, frequently leading to lengthy and costly legal battles that add stress.
The Probate Process Without a Will
Without a will, assets you own in your individual name will go through probate, an often time-consuming and expensive process. The court will appoint an administrator to handle your estate, and your family may face delays and legal fees that could have been avoided.
Take Control of Your Legacy
As the saying goes, if you don’t have a will, the state will write one for you. To avoid this fate, consider reaching out to our team to discuss your estate planning goals and fears. We will be happy to work with you to prepare a plan today.
About the Author
S. Blaydes Moore, JD
Attorney