How should I distribute my assets if I don't have a will?
If you do not prepare a will in advance to distribute your assets, a process called intestacy will be used to determine who will be the legal owner of your assets. In North Carolina, various laws will be taken into account when distributing your estate if you don’t have a will. Generally, your assets will be divided amongst your heirs based on the intestacy laws of your state and family size. The first step in this process is determining who will be considered your heirs. In North Carolina, your heirs will typically include close family members such as your spouse, children, parents, and siblings. Any assets owned jointly with a spouse, such as in joint tenancy or tenancy by the entirety, will automatically transfer to the surviving spouse without probate, regardless of any provisions (or lack thereof) in a will. If you are not married, any assets which you owned solely would be distributed to your children in equal shares. If you have no surviving children, your assets would be distributed to your parents. If none of your parents are alive, your assets would be divided between your siblings. If none of your siblings are alive, your assets would be given to your closest relatives in your family. Though creating a will is the best way to ensure that your assets are distributed according to your wishes, the intestacy laws in North Carolina provide a means for the state to allocate your assets in the event that you do not have a will.
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