North Carolina Statutes

Chapter 29 Intestate Succession

Article 1 - General Provisions.

  • § 29-1   Short title
    This Chapter shall be known and may be cited as the Intestate Succession Act. (1959, c. 879, s. 1.)
  • § 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...
  • § 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...
  • § 29-4   Curtesy and dower abolished
    The estates of curtesy and dower are hereby abolished. (1959, c. 879, s. 1.)
  • § 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.)
  • § 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.)
  • § 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...
  • § 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...
  • § 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...
  • § 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,...
  • § 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...
  • § 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.

Article 3 - Distribution among Classes.

  • § 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.

Article 5 - Legitimated Children.

Article 6 - Illegitimate Children.

Article 7 - Advancements.

  • § 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...
  • § 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,...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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.