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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 an...
• 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 ancestral...
• 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 if...
• N.C. Gen. Stat. § 29-8.   Partial intestacy
  If part but not all of the estate of a decedent is validly disposed of by his will, the part not disposed of by such...
• 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 had...
• 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. 958,...
• N.C. Gen. Stat. § 29-11.   Aliens
  Unless otherwise provided by law, it shall be no bar to intestate succession by any person, that he, or any person through whom he traces...
• 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 illegitimate intestate, there is no...

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 lawful...
• 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 child or...
• 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, or...

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 entitled to...

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, and...

Article 5 - Legitimated Children.

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

Article 6 - Illegitimate Children.

• N.C. Gen. Stat. § 29-19.   Succession by, through and from illegitimate children
  (a) For purposes of intestate succession, an illegitimate child shall be treated as if he were the legitimate child of his mother, so that he...
• N.C. Gen. Stat. § 29-20.   Descent and distribution upon intestacy of illegitimate children
  All the estate of a person dying illegitimate and intestate shall descend and be distributed, subject to the payment of costs of administration and other...
• N.C. Gen. Stat. § 29-21.   Share of surviving spouse
  The share of the surviving spouse of an illegitimate intestate shall be the same as provided in G.S. 29‑14 for the surviving spouse of a...
• N.C. Gen. Stat. § 29-22.   Shares of others than the surviving spouse
  Those persons surviving the illegitimate intestate, other than the surviving spouse, shall take that share of the net estate provided in G.S. 29‑15. In determining...

Article 7 - Advancements.

• N.C. Gen. Stat. § 29-23.   In general
  If a person dies intestate as to all his estate, property which he gave in his lifetime as an advancement shall be counted toward the...
• 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. 879,...
• N.C. Gen. Stat. § 29-25.   Effect of advancement
  If the amount of the advancement equals or exceeds the intestate share of the advance, he shall be excluded from any further portion in the...
• 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, or...
• 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 advancement...
• 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 clerk...
• N.C. Gen. Stat. § 29-29.   Release by advancee
  If the advancee acknowledges to the intestate donor by a signed writing that he has been advanced his full share of the intestate donor's estate,...

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 surviving...

Last modified: August 6, 2008