What happens to the surviving spouse in an intestate estate?

In North Carolina, if an individual passes away without creating a will, they have died intestate. This means that their estate must be managed and divided according to the intestate succession law. Under this law, if the deceased was married at the time of death, their surviving spouse is entitled to a large portion of the estate. The surviving spouse is entitled to the first $50,000 of real estate, plus one-half of the remaining real estate. The surviving spouse also holds rights to all personal property, including cars, furniture, bank accounts not specifically held in joint tenancy, and other assets. If the deceased had any children, the surviving spouse is also entitled to one-third of the intestate estate. In certain situations, a surviving spouse may be able to claim an elective share of the estate, which is currently set at one-third of the estate. In order to do this, the surviving spouse must provide proof that the deceased left them with only a minimal amount of assets or an amount that the court believes is inadequate. If this is the case, the court may award the surviving spouse one-third of the estate, regardless of the will or intestate succession law. In North Carolina, the surviving spouse is entitled to a large portion of an intestate estate. They are generally entitled to the first $50,000 of real estate, plus one-half of the remaining real estate, and all personal property. In some cases, they may be able to claim an elective share of the estate. All of these rights are outlined in the intestate succession law in the state.

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What happens to the surviving spouse in an intestate estate?

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