What Happens In North Carolina When You Die And No Will Exists? – Part 1: Intestacy

by Angel Simpson

If no will is in place specifying what should happen to your assets and who you want to take care of your children at the time of your death, the State of North Carolina will make these decisions for you regardless of what your wishes would have been.

When someone dies without a valid will, they die “intestate.” If this happens, then the intestacy laws of the state you live in will determine how your estate will be distributed and where your children will go. In North Carolina, any property you owned joint tenants with rights to survivorship will pass to the other party without the need for a court process. However, any assets you owned individually will have to go through a process called estate administration, or probate, in order to be distributed.

Be sure to check back in for Part 2 of this series on estate administration when no will exists!

Angel Simpson is an attorney with Parker Herring Law Group, PLLC. Angel represents adoption clients all over the state of North Carolina and has experience guiding clients through the adoption process, both locally and when crossing state lines (interstate adoptions). She represents both birth parents and adoptive parents. In addition to handling all types of adoptions, Angel assists clients with estate planning and guardianship matters. Angel is a 2013 graduate of North Carolina Central University School of Law.