Legal Question in Wills and Trusts in North Carolina

Re: intestate succesion law

The intestate succession law is found in NC GS 29-16.

Where there are no surving brothers and sisters, the share of each surving nephew or niece by a deceased brother or sister is determined by dividing the property by the total number of surviving nephews and nieces plus the number of deceased nephews and nieces who have left lineal descendants. In other words, the nephews and nieces are treated equally rather than taking the share of their deceased parent (the brother or sister of the decedent).

For Example, if there were three deceased brothers and sisters of the decedent intestate and the deceased siblings had 1, 2, and 3 children respectively, the share of each niece or nephew would be 1/6; rather than the 1 taking 1/3, the 2 splitting 1/3 and the 3 splitting 1/3.

Grand nephews and Grand nieces take shares of the deceased nieces and nephews in the same "per capita" manner and Great Grand nephews and Great Grand Nieces also take in the same per capita manner if applicable.

Grandparents, uncles and aunts, first cousins and first cousins once removed may also be intestate heirs in North Carolina if there are no living parents, brothers or sisters or descendants of brothers and sisters.

Dan Brady

Re: intestate succesion law

Here is the text of the statute. See number (4)

Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows:

(1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one deceased child, they shall take as provided in G.S. 29-16; or

(2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or

(3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire share; or

(4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or

(5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14,

a. The paternal grandparents shall take one half of the net estate in equal shares, or, if either is dead, the survivor shall take the entire one half of the net estate, and if neither paternal grandparent survives, then the paternal uncles and aunts of the intestate and the lineal descendants of deceased paternal uncles and aunts shall take said one half as provided in G.S. 29-16; and

b. The maternal grandparents shall take the other one half in equal shares, or if either is dead, the survivor shall take the entire one half of the net estate, and if neither maternal grandparent survives, then the maternal uncles and aunts of the intestate and the lineal descendants of deceased maternal uncles and aunts shall take one half as provided in G.S. 29-16; but

c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side, then those of the maternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole; or

d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side, then those on the paternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole.