N.C. Gen. Stat. § 29-14

Share of surviving spouse

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(a) Real Property. - The share of the surviving spouse in the real property is:

(1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, a one-half undivided interest in the real property;

(2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one-third undivided interest in the real property;

(3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one-half undivided interest in the real property;

(4) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, or by a parent, all the real property.

(b) The share of the surviving spouse in the personal property is:

(1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one half of the balance of the personal property;

(2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one third of the balance of the personal property;

(3) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, but is survived by one or more parents, and the net personal property does not exceed one hundred thousand dollars ($100,000) in value, all of the personal property; if the net personal property exceeds one hundred thousand dollars ($100,000) in value, the sum of one hundred thousand dollars ($100,000) plus one half of the balance of the personal property;

(4) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, or by a parent, all of the personal property.

(c) When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the share of the surviving spouse determined under subsections (a) and (b) of this section shall be first determined as though no property had been awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, and then reduced by the net value of the marital estate awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent. (1959, c. 879, s. 1; 1979, c. 186, s. 1; 1981, c. 69; 1995, c. 262, s. 3; 2001-364, s. 6; 2012-71, s. 1.)

§ 29-15. Shares of others than surviving spouse.

Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows:

(1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one deceased child, they shall take as provided in G.S. 29-16; or

(2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or

(3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire share; or

(4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or

(5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14,

a. The paternal grandparents shall take one half of the net estate in equal shares, or, if either is dead, the survivor shall take the entire one half of the net estate, and if neither paternal grandparent survives, then the paternal uncles and aunts of the intestate and the lineal descendants of deceased paternal uncles and aunts shall take said one half as provided in G.S. 29-16; and

b. The maternal grandparents shall take the other one half in equal shares, or if either is dead, the survivor shall take the entire one half of the net estate, and if neither maternal grandparent survives, then the maternal uncles and aunts of the intestate and the lineal descendants of deceased maternal uncles and aunts shall take one half as provided in G.S. 29-16; but

c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side, then those of the maternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole; or

d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side, then those on the paternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole. (1959, c. 879, s. 1.)

Article 3.

Distribution among Classes.

Notes of Decisions

Cited in 45 cases (1 in the last 5 years), 1963–2024 · leading case: Smith v. Smith

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Smith v. Smith (1965) nc · cites it 21× “Respondents filed separate answers contesting petitioner's right to make an election and alleging that petitioner was guilty of laches, had previously made an election to take under the *303 provisions of G.S. § 29-14 one-half of the real estate in fee, and was estopped by her…”

Locust v. Pitt County Memorial Hospital, Inc. (2004) nc · cites it 12× “The Intestate Succession Act in N.C.G.S. § 29-14 provides that where the decedent or intestate dies survived by a spouse but no lineal descendants or parents, the surviving spouse inherits all personal and real property of the decedent.”

Carver v. Carver (1984) nc · cites it 2× “G.S. 29-14(2). Under the circumstances, however, only the daughter will be entitled to benefit from any recovery which the administrator may obtain in this action.”

Locust v. Pitt County Memorial Hospital, Inc. (2002) ncctapp · cites it 6× “N.C.G.S. § 29-14(b)(4) (2001). Because Lester Tyson's parents were dead and he had no children, Brenda Tyson would therefore be entitled to all of the wrongful death benefits as the surviving spouse, leaving no portion of the recovery for distribution to Lester Tyson's siblings.”

Matter of Estate of Francis (1990) nc · cites it 6× “" N.C.G.S. § 29-14 (1984). The *154 intestate share does not include the value of any property received by the surviving spouse as a tenant by the entirety or from joint accounts with right of survivorship.”

Lane v. Scarborough (1973) nc · cites it 2× “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.”

Newlin v. Gill, State Treasurer (1977) nc · cites it 4× “The rights of relatives to inherit are set forth in G.S. 29-14, G.S. 29-15, G.S. 29-21, and G.”

Swain v. Tillett (1967) nc · cites it 3× “G.S. § 29-14(1). However, liability for injuries inflicted by animals, ferae naturae or domitae naturae, does not depend upon the ownership of the animal.”

Matter of Estate of Edwards (1986) nc · cites it 6× “N.C.G.S. §§ 29-14(b)(2), 30-3(a) (1984). If, instead, the adopted children are considered to be Virginia's lineal descendants by her first marriage, then Daniel's distributive share would be only one-half of the amount provided by the Intestate Succession Act (the first $7,500…”

Rainey v. Rainey (1990) tennctapp · cites it 2× “See N.C. Gen. Stat. §§ 29-14 (a)(2), 29-16, and 29-16(a)(l).”

Meiselman v. Meiselman (1982) ncctapp · cites it 2× “" Robinson, North Carolina Corporation Law and Practice, § 29-14 at 596 (2d ed. 1974). Considering the history and liberal sweep of our Business Corporation Act, we interpret G.”

In Re the Estate of Connor (1969) ncctapp · cites it 4× “Under G.S. 29-14(3) when an intestate has no lineal descendants but is survived by a spouse and a parent, the intestate share of the surviving spouse is a one-half undivided interest in the real property and the first ten thousand dollars in value plus one-half of the remainder…”

Show all 45 citing cases →

— N.C. Gen. Stat. § 29-14(1) — 5 cases

Swain v. Tillett (1967) nc “G.S. § 29-14(1). However, liability for injuries inflicted by animals, ferae naturae or domitae naturae, does not depend upon the ownership of the animal.”

Smith v. Smith (1965) nc “Respondents filed separate answers contesting petitioner's right to make an election and alleging that petitioner was guilty of laches, had previously made an election to take under the *303 provisions of G.S. § 29-14 one-half of the real estate in fee, and was estopped by her…”

Phillips v. Phillips (1979) nc

Phillips v. Phillips (1977) ncctapp

Tolson v. Young (1963) nc

— N.C. Gen. Stat. § 29-14(2) — 8 cases

Carver v. Carver (1984) nc “G.S. 29-14(2). Under the circumstances, however, only the daughter will be entitled to benefit from any recovery which the administrator may obtain in this action.”

Cox v. Shaw (1965) nc

Vinson v. Chappell (1969) nc

Harris v. Ashley (1978) ncctapp

Matter of Estate of Etheridge (1977) ncctapp

— N.C. Gen. Stat. § 29-14(3) — 2 cases

In Re the Estate of Connor (1969) ncctapp “Under G.S. 29-14(3) when an intestate has no lineal descendants but is survived by a spouse and a parent, the intestate share of the surviving spouse is a one-half undivided interest in the real property and the first ten thousand dollars in value plus one-half of the remainder…”

Forgy v. Schwartz (1964) nc

— N.C. Gen. Stat. § 29-14(4) — 3 cases

Smith v. Perdue (1963) nc

Tighe v. Michal (1979) ncctapp

Ivery v. Ivery (1963) nc

— N.C. Gen. Stat. § 29-14(a)(2) — 2 cases

In re the Estate of Edwards (1985) ncctapp

Lynch v. Parks (2008) ncctapp

— N.C. Gen. Stat. § 29-14(b)(2) — 1 case

Matter of Estate of Edwards (1986) nc “N.C.G.S. §§ 29-14(b)(2), 30-3(a) (1984). If, instead, the adopted children are considered to be Virginia's lineal descendants by her first marriage, then Daniel's distributive share would be only one-half of the amount provided by the Intestate Succession Act (the first $7,500…”

— N.C. Gen. Stat. § 29-14(b)(4) — 1 case

Locust v. Pitt County Memorial Hospital, Inc. (2002) ncctapp “N.C.G.S. § 29-14(b)(4) (2001). Because Lester Tyson's parents were dead and he had no children, Brenda Tyson would therefore be entitled to all of the wrongful death benefits as the surviving spouse, leaving no portion of the recovery for distribution to Lester Tyson's siblings.”

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