Losing a parent is one of the hardest things a person can face. While you are grieving, you also have to deal with bills, property, and legal rules. If your parent did not leave a will, you might feel unsure about what comes next. This situation is called dying intestate. It means the state of North Carolina has a set of laws to decide who gets the house and other belongings.
What Kids Get When There Is No Will
When a parent dies, state law looks at the closest living relatives to distribute assets. This is often called the next of kin. If your parent was married, the surviving spouse usually has the first right to the estate. However, North Carolina law can be specific. Often, the spouse and the children must share the inheritance.
If there is no living spouse, the children usually inherit everything. This includes biological children and legally adopted children. Both have the same legal rights under the law. If a parent has multiple children, the estate is typically split into equal shares. This means the oldest child does not get more than the youngest child.
How Intestate Succession Works
Intestate succession is the legal name for the process the court uses to hand out property. Before any kids can move into the house or sell it, the estate must go through probate court. This is a court-supervised path to make sure everything is handled fairly.
The court will pick a person to be the representative of the estate. This person has a big job. They have to find all the parent’s assets and also find out if the parents owed any money. If your parent had credit card debt or a car loan, the representative uses estate money to pay those off first. Sometimes, the house might even be sold just to pay back these debts before the kids can get any money.
Assets That Stay Out of the Probate Process
Not every piece of property has to go through the court. Some things skip the line and go straight to a person. These are called non-probate assets. If your parent named you as a beneficiary on a specific account, you get that money directly.
Common examples include:
- Life insurance payouts.
- Retirement accounts like a 401(k) or IRA.
- Bank accounts with a payable-on-death (POD) label.
- Homes owned in joint tenancy with a right of survivorship.
If the house deed has another person’s name on it as a joint owner, that person might become the sole owner automatically. In that case, the house does not follow the intestate laws.
Rules for Different Family Situations
The law treats different types of children in different ways. As mentioned, adopted children have the same rights as biological ones. However, stepchildren usually do not inherit anything from a stepparent under these state rules. If a parent wanted a stepchild to get the house, they would have needed a will or a legal adoption.
For minor children, the court has to step in. Since a child under 18 cannot legally own a home or manage large amounts of money, the court will appoint a guardian. This person looks after the inheritance until the child grows up.
How Your Property Moves to New Owners
When a parent dies, who gets the house depends on how the deed was written. If your parent were the only owner, it is called sole ownership. This is the most complex path because a new deed must be created. The house cannot stay in a deceased person’s name. A living person must take over so they can pay for property taxes, the mortgage, and light bills.
If the house was owned by two people as tenants in common, it is different from joint tenancy. In a tenancy in common, the parent’s specific share of the house goes through the probate court instead of going straight to the other owner.
What Happens If No Relatives Are Found
It is very rare, but sometimes the court cannot find any family members. They will look for parents, siblings, and even distant cousins or aunts. If the court searches and finds no one at all, the state may take the property. This is why having a plan is so helpful for families.
Get Help with Your Family Estate Plan
Going through the legal system after a death is stressful and expensive. You can save your family from this trouble by setting up a will or a trust now. This gives you the power to choose who gets your home and keeps the court from making the choice for you. If you are in North Carolina and need professional trust and wills help with these papers, call Salines-Mondello at (910) 777-5734. Our team can help you make a plan that protects your kids and your home.