For many families, wills and other estate planning documents guide probate proceedings. These documents include beneficiaries and instructions regarding the distribution of property.
Many people, however, never put a will or any other formal estate plan documents in place. Their surviving family members may have questions about what happens in probate court in the absence of clear instructions. How do the courts handle estates when there is no estate plan?
State law determines property distribution
Intestate succession laws detail how the personal representative administering an estate should distribute assets in the absence of a will. North Carolina law specifically protects the close family members of the person who died. When the deceased person has a spouse and children, they inherit everything from an intestate estate. For those with a spouse but no children, their surviving spouse splits the estate with any surviving parent(s). For those with children but no spouse, their children inherit everything.
When people without a spouse or children die, their parents inherit their property. Siblings have inheritance rights when the decedent does not have a spouse, children or surviving parents.
More distant relatives inherit in scenarios where people do not have any immediate surviving family members. The probate courts validate the legal and biological relationships of those claiming to be heirs, and the personal representative then distributes property according to intestate succession rules.
Retaining a probate attorney is beneficial in cases where there are questions about the distribution of property after a person dies. Having experienced legal guidance can help families navigate probate proceedings and understand the requirements of intestate succession laws.