Skip to content
Oakclause

Intestate Succession Laws in North Carolina

In North Carolina, the surviving spouse's share depends on the number of children: with one child, one-half of the real property and the first $60,000 plus one-half of the remaining personal property, and with two or more children, one-third of the real property and the first $60,000 plus one-third. With no descendants but a parent, the spouse takes one-half of the real property and the first $100,000 plus one-half of the personal property. North Carolina is not a community property state.

Last checked . General information, not legal advice.

North Carolina at a glance

Spouse share with shared children
1/2 or 1/3 of land, first $60,000 plus share of personalty
One child: 1/2 of real property, first $60,000 plus 1/2 of other personal property. Two or more children: 1/3 of real property, first $60,000 plus 1/3.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
1/2 of land, first $100,000 plus 1/2 of personalty
All of the personal property if it is worth $100,000 or less.
Community property state
No

Sources

Last checked

The rules in North Carolina

How much does a surviving spouse inherit in North Carolina when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in North Carolina: 1/2 or 1/3 of land, first $60,000 plus share of personalty. One child: 1/2 of real property, first $60,000 plus 1/2 of other personal property. Two or more children: 1/3 of real property, first $60,000 plus 1/3.

Does a surviving spouse in North Carolina inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in North Carolina: no.

How much does a surviving spouse inherit in North Carolina when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in North Carolina: 1/2 of land, first $100,000 plus 1/2 of personalty. All of the personal property if it is worth $100,000 or less.

Is North Carolina a community property state?

No. Community property state in North Carolina: no.

Where do the North Carolina intestate succession laws come from?

The rules above come from N.C. Gen. Stat. 29-14. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.