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Dying Without A Will

G.S. 29-14 — the spouse's share of land and of personal property, by who else survives

In North Carolina, the share of a surviving spouse of someone who died without a will is set separately for real property and for personal property, and in each case depends on who else survives.

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Who else survivesSpouse's share of real propertySpouse's share of personal property
Who else survivesOne child, or descendants of only one deceased childSpouse's share of real propertyA one-half undivided interestSpouse's share of personal propertyAll of it up to sixty thousand dollars, or that sum plus one half of the balance
Who else survivesTwo or more children, or their descendantsSpouse's share of real propertyA one-third undivided interestSpouse's share of personal propertyAll of it up to sixty thousand dollars, or that sum plus one third of the balance
Who else survivesNo descendants, but one or more parentsSpouse's share of real propertyA one-half undivided interestSpouse's share of personal propertyAll of it up to one hundred thousand dollars, or that sum plus one half of the balance
Who else survivesNo descendants and no parentSpouse's share of real propertyAll of itSpouse's share of personal propertyAll of it
  • What does not go to the spouse, or the whole net estate if there is none, goes first to the children and the descendants of deceased children.
  • If there are none, to the parents in equal shares, or all to a surviving parent.
  • If there are no descendants or parents, to the brothers and sisters and the descendants of deceased ones.
  • Beyond them, half to the grandparents or aunts and uncles on each side, and the whole to one side if the other has no one.

A spouse awarded property in an equitable distribution after the death has that award subtracted from the share. How shares divide among children and other relatives is in the next section of the Act and is not reproduced here. Who inherits in a particular estate is a question for the clerk of superior court and for a licensed North Carolina attorney.

Sources for this section (2)
  1. G.S. 29-14 — Share of surviving spouse
  2. G.S. 29-15 — Shares of others than surviving spouse

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.

From here