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North Carolina General Statutes Chapter 29 Intestate Succession

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Article 1 - General Provisions.

  • N.C. Gen. Stat. § 29-1.   Short title
    This Chapter shall be known and may be cited as the Intestate Succession Act. (1959, c. 879, s. 1.)
  • N.C. Gen. Stat. § 29-2.   Definitions
    As used in this Chapter, unless the context otherwise requires, the term: (1) "Advancement" means an irrevocable inter vivos gift of property, made by...
  • N.C. Gen. Stat. § 29-3.   Certain distinctions as to intestate succession abolished
    In the determination of those persons who take upon intestate succession there is no distinction: (1) Between real and personal property, or (2) Between...
  • N.C. Gen. Stat. § 29-4.   Curtesy and dower abolished
    The estates of curtesy and dower are hereby abolished. (1959, c. 879, s. 1.)
  • N.C. Gen. Stat. § 29-5.   Computation of next of kin
    Degrees of kinship shall be computed as provided in G.S. 104A-1. (1959, c. 879, s. 1.)
  • N.C. Gen. Stat. § 29-6.   Lineal succession unlimited
    There shall be no limitation on the right of succession by lineal descendants of an intestate. (1959, c. 879, s. 1.)
  • N.C. Gen. Stat. § 29-7.   Collateral succession limited
    There shall be no right of succession by collateral kin who are more than five degrees of kinship removed from an intestate; provided that...
  • N.C. Gen. Stat. § 29-8.   Partial intestacy
    If part but not all of the estate of a decedent is validly disposed of by the decedent's will, the part not disposed of...
  • N.C. Gen. Stat. § 29-9.   Inheritance by unborn infant
    Lineal descendants and other relatives of an intestate born within 10 lunar months after the death of the intestate, shall inherit as if they...
  • N.C. Gen. Stat. § 29-10.   Renunciation
    Renunciation of an intestate share shall be as provided for in Chapter 31B of the General Statutes. (1959, c. 879, s. 1; 1961, c....
  • N.C. Gen. Stat. § 29-11.   Aliens
    Unless otherwise provided by law, it shall be no bar to intestate succession by any person, that the person, or any other person through...
  • N.C. Gen. Stat. § 29-12.   Escheats
    If there is no person entitled to take under G.S. 29-14 or G.S. 29-15, or if in case of an intestate born out of...
  • N.C. Gen. Stat. § 29-12.1.   Controversies under this Chapter
    Any controversy arising under this Chapter shall be determined as an estate proceeding under Article 2 of Chapter 28A of the General Statutes, except...

Article 2 - Shares of Persons Who Take upon Intestacy.

  • N.C. Gen. Stat. § 29-13.   Descent and distribution upon intestacy; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A
    (a) All the estate of a person dying intestate shall descend and be distributed, subject to the payment of costs of administration and other...
  • N.C. Gen. Stat. § 29-14.   Share of surviving spouse
    (a) Real Property. - The share of the surviving spouse in the real property is: (1) If the intestate is survived by only one...
  • N.C. Gen. Stat. § 29-15.   Shares of others than surviving spouse
    Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse,...

Article 3 - Distribution among Classes.

  • N.C. Gen. Stat. § 29-16.   Distribution among classes
    (a) Children and Their Lineal Descendants. - If the intestate is survived by lineal descendants, their respective shares in the property which they are...

Article 4 - Adopted Children.

  • N.C. Gen. Stat. § 29-17.   Succession by, through and from adopted children
    (a) A child, adopted in accordance with Chapter 48 of the General Statutes or in accordance with the applicable law of any other jurisdiction,...

Article 5 - Legitimated Children.

  • N.C. Gen. Stat. § 29-18.   Succession by, through and from legitimated children
    A child born out of wedlock who has been legitimated in accordance with G.S. 49-10 or 49-12 or in accordance with the applicable law...

Article 6 - Children Born Out of Wedlock.

  • N.C. Gen. Stat. § 29-19.   Succession by, through and from children born out of wedlock
    (a) For purposes of intestate succession, a child born out of wedlock shall be treated as if that child were the legitimate child of...
  • N.C. Gen. Stat. § 29-20.   Descent and distribution upon intestacy of children born out of wedlock
    All the estate of a person who was born out of wedlock and dies intestate shall descend and be distributed, subject to the payment...
  • N.C. Gen. Stat. § 29-21.   Share of surviving spouse
    The share of the surviving spouse of an intestate born out of wedlock shall be the same as provided in G.S. 29-14 for the...
  • N.C. Gen. Stat. § 29-22.   Shares of others than the surviving spouse
    Those persons surviving an intestate born out of wedlock, other than the surviving spouse, shall take that share of the net estate provided in...

Article 7 - Advancements.

  • N.C. Gen. Stat. § 29-23.   In general
    If a person dies intestate as to all the person's estate, property which the person gave in his lifetime as an advancement shall be...
  • N.C. Gen. Stat. § 29-24.   Presumption of gift
    A gratuitous inter vivos transfer is presumed to be an absolute gift and not an advancement unless shown to be an advancement. (1959, c....
  • N.C. Gen. Stat. § 29-25.   Effect of advancement
    If the amount of the advancement equals or exceeds the intestate share of the advancee, the advancee shall be excluded from any further portion...
  • N.C. Gen. Stat. § 29-26.   Valuation
    The value of the property given as an advancement shall be determined as of the time when the advancee came into possession or enjoyment,...
  • N.C. Gen. Stat. § 29-27.   Death of advancee before intestate donor
    If the advancee dies before the intestate donor leaving a lineal heir or heirs who take by intestate succession from the intestate donor, the...
  • N.C. Gen. Stat. § 29-28.   Inventory
    If any person who has, in the lifetime of an intestate donor, received a part of the donor's property, refuses, upon order of the...
  • N.C. Gen. Stat. § 29-29.   Release by advancee
    If the advancee acknowledges to the intestate donor by a signed writing that the advancee has been advanced the advancee's full share of the...

Article 8 - Election to Take Life Interest in Lieu of Intestate Share.

  • N.C. Gen. Stat. § 29-30.   Election of surviving spouse to take life interest in lieu of intestate share provided
    (a) In lieu of the intestate share provided in G.S. 29-14 or G.S. 29-21, or of the elective share provided in G.S. 30-3.1, the...

Last modified: March 23, 2014