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29-6. Lineal succession unlimited.
There shall be no limitation on the right of succession by lineal
descendants of an intestate.
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 there is
no collateral relative within the five degrees of kinship referred to
herein, then collateral succession shall be unlimited to prevent any
property from escheating.
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 one entitled to take under
G.S. 29-21 or G.S. 29-22 the net estate shall escheat as provided in G.S.
116B-2.
Article 2.
Shares of Persons Who Take upon Intestacy.
29-13. Descent and distribution upon intestacy.
All the estate of a person dying intestate shall descend and be distributed,
subject to the payment of costs of administration and other lawful claims
against the estate, and subject to the payment of State inheritance or
estate taxes, as provided in this Chapter.
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 by any lineal
descendant of only one deceased child, a one-half undivided interest in the
real property;
(2) If the intestate is survived by two or more children, or by one child
and any lineal descendant of one or more deceased children or by lineal
descendants of two or more deceased children, a one-third undivided interest
in the real property;
(3) If the intestate is not survived by a child,
children or any lineal descendant of a deceased child or children, but is
survived by one or more parents, a one-half undivided interest in the real
property;
(4) If the intestate is not survived by a child,
children or any lineal descendant of a deceased child or children, or by a
parent, all the real property.
(b) Personal Property. – The share of the surviving spouse in the personal
property is:
(1) If the intestate is survived by only one child or by any lineal
descendant of only one deceased child, and the net personal property does
not exceed thirty thousand dollars ($30,000) in value, all of the personal
property; if the net personal property exceeds thirty thousand dollars
($30,000) in value, the sum of thirty thousand dollars ($30,000) plus one
half of the balance of the personal property;
(2) If the intestate is survived by two or more children, or by one child
and any lineal descendant of one or more deceased children, or by lineal
descendants of two or more deceased children, and the net personal property
does not exceed thirty thousand dollars ($30,000) in value, all of the
personal property; if the net personal property exceeds thirty thousand
dollars ($30,000) in value, the sum of thirty thousand dollars ($30,000)
plus one third of the balance of the personal property;
(3) If the intestate is not survived by a child, children, or any lineal
descendant of a deceased child or children, but is survived by one or more
parents, and the net personal property does not exceed fifty thousand
dollars ($50,000) in value, all of the personal property; if the net
personal property exceeds fifty thousand dollars ($50,000) in value, the sum
of fifty thousand dollars ($50,000) plus one half of the balance of the
personal property;
(4) If the intestate is not survived by a child,
children, or any lineal descendant of a deceased child or children, or by a
parent, all of the personal property.
(c) When an equitable distribution of property is awarded to the surviving
spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the
share of the surviving spouse determined under subsections (a) and (b) of
this section shall be first determined as though no property had been
awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the
death of the decedent, and then reduced by the net value of the marital
estate awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to
the death of the decedent.
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 the entire net estate if there is no surviving spouse, as
follows:
(1) If the intestate is survived by only one child or by only one lineal
descendant of only one deceased child, that person shall take the entire net
estate or share, but if the intestate is survived by two or more lineal
descendants of only one deceased child, they shall take as provided in G.S.
29-16; or
(2) If the intestate is survived by two or more children or by one child and
any lineal descendant of one or more deceased children, or by lineal
descendants of two or more deceased children, they shall take as provided in
G.S. 29-16; or
(3) If the intestate is not survived by a child, children or any lineal
descendant of a deceased child or children, but is survived by both parents,
they shall take in equal shares, or if either parent is dead, the surviving
parent shall take the entire share; or
(4) If the intestate is not survived by such children or lineal descendants
or by a parent, the brothers and sisters of the intestate, and the lineal
descendants of any deceased brothers or sisters, shall take as provided in
G.S. 29-16; or
(5) If there is no one entitled to take under the preceding subdivisions of
this section or under G.S. 29-14,
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a. The paternal grandparents shall take one half of the net estate in equal
shares, or, if either is dead, the survivor shall take the entire one half
of the net estate, and if neither paternal grandparent survives, then the
paternal uncles and aunts of the intestate and the lineal descendants of
deceased paternal uncles and aunts shall take said one half as provided in
G.S. 29-16; and
b. The maternal grandparents shall take the
other one half in equal shares, or if either is dead, the survivor shall
take the entire one half of the net estate, and if neither maternal
grandparent survives, then the maternal uncles and aunts of the intestate
and the lineal descendants of deceased maternal uncles and aunts shall take
one half as provided in G.S. 29-16; but
c. If there is no grandparent and no uncle or aunt, or lineal descendant of
a deceased uncle or aunt, on the paternal side, then those of the maternal
side who otherwise would be entitled to take one half as hereinbefore
provided in this subdivision shall take the whole; or
d. If there is no grandparent and no uncle or aunt, or lineal descendant of
a deceased uncle or aunt, on the maternal side, then those on the paternal
side who otherwise would be entitled to take one half as hereinbefore
provided in this subdivision shall take the whole.
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 take under G.S. 29-15 of this Chapter shall be determined in the
following manner:
(1) Children. – To determine the share of each surviving child, divide the
property by the number of surviving children plus the number of deceased
children who have left lineal descendants surviving the intestate.
(2) Grandchildren. – To determine the share of each surviving grandchild by
a deceased child of the intestate in the property not taken under the
preceding subdivision of this subsection, divide that property by the number
of such surviving grandchildren plus the number of deceased grandchildren
who have left lineal descendants surviving the intestate.
(3) Great-Grandchildren. – To determine the share of each surviving
great-grandchild by a deceased grandchild of the intestate in the property
not taken under the preceding subdivisions of this subsection, divide that
property by the number of such surviving great-grandchildren plus the number
of deceased great-grandchildren who have left lineal descendants surviving
the intestate.
(4) Great-Great-Grandchildren. – To determine the share of each surviving
great-great-grandchild by a deceased great-grandchild of the intestate in
the property not taken under the preceding subdivisions of this subsection,
divide that property by the number of such surviving
great-great-grandchildren plus the number of deceased great-great-
grandchildren who have left lineal descendants surviving the intestate.
(5) Other Lineal Descendants of Children. – Divide, according to the formula
established in the preceding subdivisions of this subsection, any property
not taken under such preceding subdivisions, among the lineal descendants of
the children of the intestate not already participating.
(b) Brothers and Sisters and Their Lineal Descendants. – If the intestate is
survived by brothers and sisters or the lineal descendants of deceased
brothers and sisters, their respective shares in the property which they are
entitled to take under G.S. 29-15 of this Chapter shall be determined in the
following manner:
(1) Brothers and Sisters. – To determine the share of each surviving brother
and sister, divide the property by the number of surviving brothers and
sisters plus the number of deceased brothers and sisters who have left
lineal descendants surviving the intestate within the fifth degree of
kinship to the intestate.
(2) Nephews and Nieces. – To determine the share of each surviving nephew or
niece by a deceased brother or sister of the intestate in the property not
taken under the preceding subdivision of this subsection, divide that
property by the number of such surviving nephews or nieces plus the number
of deceased nephews and nieces who have left lineal descendants surviving
the intestate within the fifth degree of kinship to the intestate.
(3) Grandnephews and Grandnieces. – To determine the share of each surviving
grandnephew or grandniece by a deceased nephew or niece of the intestate in
the property not taken under the preceding subdivisions of this subsection,
divide that property by the number of such surviving grandnephews and
grandnieces plus the number of deceased grandnephews and grandnieces who
have left children surviving the intestate.
(4) Great-Grandnephews and Great-Grandnieces. – To determine the share of
each surviving child of a deceased grandnephew or grandniece of the
intestate, divide equally among the great-grandnephews and great-grandnieces
of the intestate any property not taken under the preceding subdivisions of
this subsection.
(5) Grandparents and Others. – If there is no one within the fifth degree of
kinship to the intestate entitled to take the property under the preceding
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subdivisions of this subsection, then the intestate's property shall go to
those entitled to take under G.S. 29-15(5).
(c) Uncles and Aunts and Their Lineal Descendants. – If the intestate is
survived by uncles and aunts or the lineal descendants of deceased uncles
and aunts, their respective shares in the property which they are entitled
to take under G.S. 29-15 shall be determined in the following manner:
(1) Uncles and Aunts. – To determine the share of each surviving uncle and
aunt, divide the property by the number of surviving uncles and aunts plus
the number of deceased uncles and aunts who have left children or
grandchildren surviving the intestate.
(2) Children of Uncles and Aunts. – To determine the share of each surviving
child of a deceased uncle or aunt of the intestate in the property not taken
under the preceding subdivision of this subsection, divide that property by
the number of surviving children of deceased uncles and aunts plus the
number of deceased children of deceased uncles and aunts who have left
children surviving the intestate.
(3) Grandchildren of Uncles and Aunts. – To determine the share of each
surviving child of a deceased child of a deceased uncle or aunt of the
intestate, divide equally among the grandchildren of uncles or aunts of the
intestate any property not taken under the preceding subdivisions of this
subsection.
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