N.C. Gen. Stat. » Chapter 29
NC General Statutes

N.C. Gen. Stat. § 29-16 (2026)

Distribution among classes

✓ current as of July 2026
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(a) Children and Their Lineal Descendants. - If the intestate is survived by lineal descendants, their respective shares in the property which they are entitled to take under G.S. 29-15 of this Chapter shall be determined in the following manner:

(1) Children. - To determine the share of each surviving child, divide the property by the number of surviving children plus the number of deceased children who have left lineal descendants surviving the intestate.

(2) Grandchildren. - To determine the share of each surviving grandchild by a deceased child of the intestate in the property not taken under the preceding subdivision of this subsection, divide that property by the number of such surviving grandchildren plus the number of deceased grandchildren who have left lineal descendants surviving the intestate.

(3) Great-Grandchildren. - To determine the share of each surviving great-grandchild by a deceased grandchild of the intestate in the property not taken under the preceding subdivisions of this subsection, divide that property by the  number of such surviving great-grandchildren plus the number of deceased great-grandchildren who have left lineal descendants surviving the intestate.

(4) Great-Great-Grandchildren. - To determine the share of each surviving great-great-grandchild by a deceased great-grandchild of the intestate in the property not taken under the preceding subdivisions of this subsection, divide that property by the number of such surviving great-great-grandchildren plus the number of deceased great-great-grandchildren who have left lineal descendants surviving the intestate.

(5) Other Lineal Descendants of Children. - Divide, according to the formula established in the preceding subdivisions of this subsection, any property not taken under such preceding subdivisions, among the lineal descendants of the children of the intestate not already participating.

(b) Brothers and Sisters and Their Lineal Descendants. - If the  intestate is survived by brothers and sisters or the lineal descendants of deceased brothers and sisters, their respective shares  in the property which they are entitled to take under G.S. 29-15 of this Chapter shall be determined in the following manner:

(1) Brothers and Sisters. - To determine the share of each surviving brother and sister, divide the property by the number of surviving brothers and sisters plus the number of deceased brothers and sisters who have left lineal descendants surviving the intestate within the fifth degree of kinship to the intestate.

(2) Nephews and Nieces. - To determine the share of each surviving nephew or niece by a deceased brother or sister of  the intestate in the property not taken under the preceding subdivision of this subsection, divide that property by the number of such surviving nephews or nieces plus the number of deceased nephews and nieces who have left lineal descendants surviving the intestate within the fifth degree of kinship to the intestate.

(3) Grandnephews and Grandnieces. - To determine the share of each surviving grandnephew or grandniece by a deceased nephew or niece of the intestate in the property not taken under the preceding subdivisions of this subsection, divide that property by the number of such surviving grandnephews and grandnieces plus the number of deceased grandnephews and grandnieces who have left children surviving the intestate.

(4) Great-Grandnephews and Great-Grandnieces. - To determine the share of each surviving child of a deceased grandnephew or grandniece of the intestate, divide equally among the great-grandnephews and great-grandnieces of the intestate any property not taken under the preceding subdivisions of this subsection.

(5) Grandparents and Others. - If there is no one within the fifth degree of kinship to the intestate entitled to take the property under the preceding subdivisions of this subsection, then the intestate's property shall go to those entitled to take under G.S. 29-15(5).

(c) Uncles and Aunts and Their Lineal Descendants. - If the intestate is survived by uncles and aunts or the lineal descendants of deceased uncles and aunts, their respective shares in the property which they are entitled to take under G.S. 29-15 shall be determined in the following manner:

(1) Uncles and Aunts. - To determine the share of each surviving uncle and aunt, divide the property by the number of surviving uncles and aunts plus the number of deceased uncles and aunts who have left children or grandchildren surviving the intestate.

(2) Children of Uncles and Aunts. - To determine the share of each surviving child of a deceased uncle or aunt of the intestate in the property not taken under the preceding subdivision of this subsection, divide that property by the number of surviving children of deceased uncles and aunts plus the number of deceased children of deceased uncles and aunts who have left children surviving the intestate.

(3) Grandchildren of Uncles and Aunts. - To determine the share of each surviving child of a deceased child of a deceased uncle or aunt of the intestate, divide equally among the grandchildren of uncles or aunts of the intestate any property not taken under the preceding subdivisions of this subsection. (1959, c. 879, s. 1; 1979, c. 107, ss. 2, 3.)

 

Article 4.

Adopted Children.

Notes of Decisions
Cited in 8 cases, 1971–2004 · leading case: Misenheimer v. Misenheimer, 325 S.E.2d 195 (N.C. 1985).
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Misenheimer v. Misenheimer, 325 S.E.2d 195 (N.C. 1985). · cites it 6× “Under section 31A-4(3) as applied to the facts here, the slayer's share—one eighth of testator's residuary estate—should be distributed "as if the decedent had died intestate with respect thereto.”
Allen v. Piedmont Transp. Servs., Inc., 447 S.E.2d 835 (N.C. Ct. App. 1994). · cites it 4× “Appellant observes that, if both plaintiffs in this case were over age 18 at the time of decedent’s death, they would be entitled to share the benefits equally as next of kin under § 97-40 and N.C. Gen. Stat. § 29-16 (a)(l) (1984), which provides that children of the deceased…”
Newlin v. Gill, State Treasurer, 237 S.E.2d 819 (N.C. 1977). · cites it 2× “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…”
Locust v. Pitt Cnty. Mem'l Hosp., Inc., 591 S.E.2d 543 (N.C. 2004). · cites it 2× “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: (4) If the intestate is not survived by such children or lineal descendants or by a parent, the' brothers and sisters of the…”
Cummings v. Locklear, 183 S.E.2d 832 (N.C. Ct. App. 1971). “29-15(2) and G.S. 29-16(1)). However, since it was the husband’s wrongful act which caused the death of plaintiff’s intestate, he may not share in a recovery; therefore, should the jury return a verdict in plaintiff’s favor, the Court will enter judgment for only two-thirds of…”
Ferguson v. Croom, 326 S.E.2d 373 (N.C. Ct. App. 1985). “G.S. 29-16. Thus, the trial court erred in excluding Kathryn Elizabeth Turner and Ernest Edward Croom from taking a share of the intestate property.”
Lewis v. Ecklin, 428 S.E.2d 855 (N.C. Ct. App. 1993). · cites it 3× “] North Carolina General Statutes § 29-16 (1984) details per stirpes distribution.”
House v. White, 240 S.E.2d 489 (N.C. Ct. App. 1978). “He relies on G.S. 29-16. We must point out, however, that the current Intestate Succession Act was enacted in 1959.”
— N.C. Gen. Stat. § 29-16(1) — 1 case
Cummings v. Locklear, 183 S.E.2d 832 (N.C. Ct. App. 1971). “29-15(2) and G.S. 29-16(1)). However, since it was the husband’s wrongful act which caused the death of plaintiff’s intestate, he may not share in a recovery; therefore, should the jury return a verdict in plaintiff’s favor, the Court will enter judgment for only two-thirds of…”
— N.C. Gen. Stat. § 29-16(a)(1) — 1 case
Misenheimer v. Misenheimer, 325 S.E.2d 195 (N.C. 1985). “Under section 31A-4(3) as applied to the facts here, the slayer's share—one eighth of testator's residuary estate—should be distributed "as if the decedent had died intestate with respect thereto.”
— N.C. Gen. Stat. § 29-16(a)(l) — 1 case
Misenheimer v. Misenheimer, 325 S.E.2d 195 (N.C. 1985). “Under section 31A-4(3) as applied to the facts here, the slayer's share—one eighth of testator's residuary estate—should be distributed "as if the decedent had died intestate with respect thereto.”
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