Can a court order the division of an intestate estate?

Yes, a court can order the division of an intestate estate (an estate without a valid will) in North Carolina. Intestate succession laws dictate how a deceased person’s property and assets are distributed. When someone dies without a valid will in North Carolina, the intestate succession laws determine who gets the deceased person’s property and assets. When there is no will, the intestate succession laws are used to decide who is legally entitled to the property. The court will use these laws to determine who will get what portion of the estate. In some cases, the court may order the division of the estate if there are multiple heirs, or individuals who could potentially inherit the estate. The court will consider each heir’s legal entitlement to the estate and the court can divide the estate equally among them. For example, if a parent passes away without a will, and they have three children, the court may order that the property is divided in equal, three parts. Each child would get an equal share of the estate. These types of divisions are up to the court’s discretion and must be according to the laws of intestate succession in North Carolina.

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