How is an intestate estate divided if there is no surviving spouse?

If an intestate estate in North Carolina has no surviving spouse, then it is divided between the estate’s surviving relatives. These relatives are determined by the state’s intestate succession laws. Generally, this means that the estate’s children, grandchildren, parents, siblings, and other close relatives will be eligible to receive a portion of the estate. Importantly, however, if the deceased was an unmarried parent, then the estate is divided among the children, with any siblings of the deceased receiving either nothing or a smaller portion. In the case of more distant relatives, such as aunts, uncles, or cousins, they are only eligible to receive a portion of an intestate estate if there is no surviving spouse, children, grandchildren, parents, or siblings of the deceased relative. This is in accordance with North Carolina’s intestate succession laws, which prioritize more immediate relatives over more distant ones. If all of the deceased’s relatives are unable to be identified or located, then the estate is instead given to the State of North Carolina. This is known as “escheatment” and is intended to protect the rights of the deceased’s relatives, who would otherwise be unable to receive their shares of the estate. As a result, it is important to always keep accurate records of one’s family and contact information so that the intestate succession process can be carried out successfully.

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How is an intestate estate divided if there is no surviving spouse?

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