If a person dies intestate (without a will) in North Carolina, their share of property is distributed according to the state's intestate succession laws, which specify how the deceased's assets are divided among surviving relatives.

Key points about what happens to a deceased person's share of property in NC intestate succession are:

• Probate Assets Only: Intestate laws apply only to probate assets—property solely owned by the deceased without designated beneficiaries. Assets held jointly with rights of survivorship, life insurance, retirement accounts with named beneficiaries, and trust assets pass outside intestate succession.

• Distribution Among Relatives: The estate is divided among the closest relatives based on a statutory hierarchy:

  • If the deceased has a surviving spouse and children, the spouse typically receives up to half of the estate, with the remainder divided equally among the children.
  • If there is a surviving spouse but no children or parents, the spouse inherits the entire estate.
  • If the spouse is deceased but children survive, the children inherit the entire estate equally.
  • If no spouse or children survive, the estate may pass to parents, siblings, or more distant relatives according to degrees of kinship.

• No Limit on Lineal Descendants: There is no limitation on inheritance rights for lineal descendants (children, grandchildren, etc.) regardless of how many generations removed they are.

• Probate Process: Probate is mandatory if the deceased owned property solely in their name. The court oversees the distribution according to intestate laws if no will exists.

In summary, a deceased person's share of property in North Carolina, when they die intestate, is distributed by law to their closest family members in a prescribed order, with the surviving spouse and children typically receiving priority. Property passing outside probate or with designated beneficiaries is not affected by intestate succession rules.