NC General Statutes

N.C. Gen. Stat. § 29-13 (2026)

Descent and distribution upon intestacy; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A

✓ current as of July 2026

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(a) 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.

(b) The determination of whether an heir has predeceased a person dying intestate shall be made as provided by Article 24 of Chapter 28A of the General Statutes. (1959, c. 879, s. 1; 1999-337, s. 5; 2007-132, s. 2.)

Notes of Decisions

Cited in 15 cases (5 in the last 5 years), 1963–2024 · leading case: Matter of Est. of Tucci, 380 S.E.2d 782 (N.C. Ct. App. 1989).

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Matter of Est. of Tucci, 380 S.E.2d 782 (N.C. Ct. App. 1989). · cites it 4× “" This full and final settlement of such rights encompasses the unenumerated statutory right of dissent under Section 30-1. See Lane, 284 N.”

Lane v. Scarborough, 200 S.E.2d 622 (N.C. 1973). · cites it 2× “G.S. 29-13 and G.S. 29-14. Questions relating to the construction and effect of separation agreements between a husband and wife are ordinarily determined by the same rules which govern the interpretation of contracts generally.”

Long v. Coble, 182 S.E.2d 234 (N.C. Ct. App. 1971). “G.S. 29-13 provides that “(a) 11 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 by the recipient of State inheritance taxes, as…”

In Re the Est. of Connor, 168 S.E.2d 245 (N.C. Ct. App. 1969). “In addition, the impact of estate and inheritance taxes, which under the will are to be paid out of that portion of the estate not passing to Mrs.”

Johnson v. Blackwelder, 148 S.E.2d 30 (N.C. 1966). “*211 G.S. 29-13 provides: “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 by the recipient of State inheritance taxes, as…”

Sloop v. Sloop, 210 S.E.2d 262 (N.C. Ct. App. 1974). “Since the defendant’s right to dissent from her husband’s will depends on whether she is entitled to take a widow’s share of his estate under G.S. 29-13 and G.S. 29-14, Tilley v. Tilley, 268 N.”

In re the Est. of Adamee, 221 S.E.2d 370 (N.C. Ct. App. 1976). “Under the terms of the deed of separation respondent renounced (1) her right to share in the estate of her husband under G.S. 29-13 and G.S. 29-14; and (2) her right to administer upon his estate under G.”

Tolson v. Young, 133 S.E.2d 135 (N.C. 1963). “G.S. 29-13, contained in Article 2 of the 1959 Act, provides: “All the éstate of a person dying intestate shall descend and be -distributed, ©ubj ect to the payment of costs of administration and other lawful claims against the estate, and suibj eat to the payment by the…”

Brown v. Brown, 524 S.E.2d 89 (N.C. Ct. App. 2000). · cites it 2× “See generally N.C. Gen. Stat. §§ 29-13 to -15, 31A-1 (1999).”

In re: Magestro (N.C. Ct. App. 2022). · cites it 3× “See N.C. Gen. Stat. §§ 29-13 , 29-15, and 29-16 (2021) (collectively providing that the estate of an unmarried decedent, dying intestate without lineal descendants or surviving parents, passes to his siblings).”

Parks v. Johnson (N.C. Ct. App. 2022). · cites it 2× “See N.C. Gen. Stat. §§ 29-13 , 29-15, and 29-16 (2021).”

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