North Carolina

Wrongful Death Laws

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, their 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.