(a) A child, adopted in accordance with Chapter 48 of the General Statutes or in accordance with the applicable law of any other jurisdiction, and the heirs of such child, are entitled by succession to any property by, through and from the child's adoptive parents and their heirs the same as if the child were the natural legitimate child of the adoptive parents.
(b) An adopted child is not entitled by succession to any property, by, through, or from the child's natural parents or their heirs, except as provided in subsection (e) of this section.
(c) The adoptive parents and the heirs of the adoptive parents are entitled by succession to any property, by, through and from an adopted child the same as if the adopted child were the natural legitimate child of the adoptive parents.
(d) The natural parents and the heirs of the natural parents are not entitled by succession to any property, by, through or from an adopted child, except as provided in subsection (e) of this section.
(e) If a natural parent has previously married, is married to, or shall marry an adoptive parent, the adopted child is considered the child of such natural parent for all purposes of intestate succession. (1959, c. 879, s. 1; 2011-344, s. 5.)
Article 5.
Legitimated Children.
Notes of Decisions
Cited in
6
cases, 1981–2003 · leading case:
Lankford v. Wright, 489 S.E.2d 604 (N.C. 1997).
Lankford v. Wright, 489 S.E.2d 604 (N.C. 1997).
· cites it 12× “N.C.G.S. § 29-17(a) provides: A child, adopted in accordance with Chapter 48 of the General Statutes or in accordance with the applicable law of any other jurisdiction, and the heirs of such child, are entitled by succession to any property by, through and from his adoptive…”
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986).
· cites it 21× “N.C.G.S. § 29-17(b) provides, "An adopted child is not entitled by succession to any property, by, through, or from his natural parents or their heirs except as provided in subsection (e) of this section.”
In Re Est. of Seader, 2003 WY 119 (Wyo. 2003).
· cites it 2× “[1] N.C. Gen.Stat. § 29-17 (2001). Succession by, through and from adopted children (a) A child, adopted in accordance with Chapter 48 of the General Statutes or in accordance with the applicable law of any other jurisdiction, and the heirs of such child, are entitled by…”
Crumpton v. Mitchell, 281 S.E.2d 1 (N.C. 1981).
· cites it 2× “48-23 deals with more than intestate succession, and, as its title indicates, addresses generally the legal effect of a final order of adoption.”
Ladd v. Est. of Kellenberger, 307 S.E.2d 850 (N.C. Ct. App. 1983).
“The allegations in plaintiffs’ complaint indicate that no statutory proceeding for adoption was ever instituted, and our courts have never created the relationship of parent and child with the resulting right of inheritance solely from a private contract to adopt.”
In re the Est. of Edwards, 335 S.E.2d 39 (N.C. Ct. App. 1985).
“G.S. 29-17. The phrase “lineal descendants” generally applies not to distinguish between children of various marriages or out of wedlock but to distinguish children from other collateral descendants, e.”
— N.C. Gen. Stat. § 29-17(a) — 2 cases
Lankford v. Wright, 489 S.E.2d 604 (N.C. 1997).
“N.C.G.S. § 29-17(a) provides: A child, adopted in accordance with Chapter 48 of the General Statutes or in accordance with the applicable law of any other jurisdiction, and the heirs of such child, are entitled by succession to any property by, through and from his adoptive…”
Ladd v. Est. of Kellenberger, 307 S.E.2d 850 (N.C. Ct. App. 1983).
“The allegations in plaintiffs’ complaint indicate that no statutory proceeding for adoption was ever instituted, and our courts have never created the relationship of parent and child with the resulting right of inheritance solely from a private contract to adopt.”
— N.C. Gen. Stat. § 29-17(b) — 1 case
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986).
“N.C.G.S. § 29-17(b) provides, "An adopted child is not entitled by succession to any property, by, through, or from his natural parents or their heirs except as provided in subsection (e) of this section.”
— N.C. Gen. Stat. § 29-17(d) — 1 case
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986).
“N.C.G.S. § 29-17(b) provides, "An adopted child is not entitled by succession to any property, by, through, or from his natural parents or their heirs except as provided in subsection (e) of this section.”
— N.C. Gen. Stat. § 29-17(e) — 1 case
Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986).
“N.C.G.S. § 29-17(b) provides, "An adopted child is not entitled by succession to any property, by, through, or from his natural parents or their heirs except as provided in subsection (e) of this section.”
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