Losing a loved one is difficult, and finding out they did without a will in can make the situation even more stressful. In North Carolina, the court is in charge of deciding what happens to the estate, according to the Intestate Succession Statutes. These state laws declare that in the absence of a will, the distribution of property will be based on specific guidelines that involve the person’s marital status, whether or not they have children, and if their parents are still alive. This guide outlines how the process works.

Identifying an Administrator

When a person dies without a will or power of attorney naming a trusted individual to carry out their wishes, the North Carolina probate court will appoint an estate administrator. This individual is responsible for taking inventory of the deceased’s assets, handling funeral expenses, paying outstanding debts and taxes, and distributing the rest of the property to the estate’s beneficiaries. Money will also be deducted from the estate to cover the administration services.

Distributing Property

When it comes time to distribute the deceased’s real and personal property, the administrator will follow the state’s specifications to determine the appropriate beneficiary. If the person was married but had no children, then their spouse is entitled to receive the entire estate. If the deceased is survived by a spouse and one or two children or grandchildren, then the spouse will be given one half or one-third of the estate accordingly, with the remaining portion going to the children.

In situations where the deceased has no spouse or descendants, the estate will pass to any surviving parents or siblings. For the allocation of personal property, the spouse is awarded up to $30,000, and anything in excess will be allocated proportionally to additional heirs.

Making Provisions for Minor Children

If the deceased had minor children, then the estate administrator may be tasked with establishing guardianship. In cases where both parents have passed away without leaving instructions as to who they want to raise their children, the court will make that crucial decision. However, they may end up choosing someone the parents wouldn’t have selected themselves.

If your loved one passed away without a will, then it is crucial that you hire an experienced attorney to assist with the estate administration process and protect your family’s rights. Wood & Rabil, LLP Attorneys At Law in Winston-Salem, NC, provides sound legal advice and effective representation to families grappling with intestate cases. They understand the intricacies of estate administration and property distribution, so they are prepared to guide you through the process. Call (336) 722-5700 to request a consultation, and visit them online for additional information about their services.