Wrongful Death Laws in North Carolina

Wrongful Death (Intestacy Laws) can vary state by state. Here are the governing laws for this type of claim in North Carolina…

  • If the deceased had children but no husband or wife, the children inherit the estate.
  • If the deceased had a wife or husband, but no children or parents, the spouse inherits the estate.
  • If the deceased had a spouse and one child or a descendant of the one child, the spouse inherits 50% of the estate. However, if the deceased left behind property worth under $60,000, the spouse inherits all of it. If the deceased left behind property worth more than $60,000, the spouse inherits $60,000 plus 33% of the remainder. The children or descendants of the children inherit 50%/2 of the estate after the spouse’s share.
  • If the deceased left behind a spouse and 2 (or more) children, or descendants of those children, the spouse inherits 33%/3 of the estate. However, if the estate is worth $60,000 or less, ther spouse inherits 100%. If the estate is worth $60,000 or more, the spouse inherits $60,000 plus 33%.
  • If the deceased left behind a spouse and parents, the spouse inherits 50% of the estate. If the deceased leaves behind personal property worth $100,000 or less, the spouse inherits 100%; if the spouse leaves behind more than $100,000 of personal property, the spouse inherits $100,000 and 50% the balance. The parents inherits 50% of the property remaining after the spouse has received their portion.
  • If the deceased leaves behind parents but no spouse or descendants, the parents inherit 100% of the estate.
  • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings inherit 100% of the estate, divided equally.

If you believe that you or a loved one may have a personal legal claim, you can contact us in one of three ways:

At Daggett Shuler, you can depend on us.