NC General Statutes
N.C. Gen. Stat. § 29-19 (2026)
Succession by, through and from children born out of wedlock
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(a) For purposes of intestate succession, a child born out of wedlock shall be treated as if that child were the legitimate child of the child's mother, so that the child and the child's lineal descendants are entitled to take by, through and from the child's mother and the child's other maternal kindred, both descendants and collaterals, and they are entitled to take from the child.
(b) For purposes of intestate succession, a child born out of wedlock shall be entitled to take by, through and from:
(1) Any person who has been finally adjudged to be the father of the child pursuant to the provisions of G.S. 49-1 through 49-9 or the provisions of G.S. 49-14 through 49-16.
(2) Any person who has acknowledged himself during his own lifetime and the child's lifetime to be the father of the child in a written instrument executed or acknowledged before a certifying officer named in G.S. 52-10(b).
(3) A person who died prior to or within one year after the birth of the child and who can be established to have been the father of the child by DNA testing.
Notwithstanding the above provisions, no person shall be entitled to take hereunder unless the person has given written notice of the basis of the person's claim to the personal representative of the putative father within six months after the date of the first publication or posting of the general notice to creditors.
(c) Any person described under subdivision (b)(1), (2), or (3) of this section and the person's lineal and collateral kin shall be entitled to inherit by, through and from the child.
(d) Any person who acknowledges that he is the father of a child born out of wedlock in his duly probated last will shall be deemed to have intended that the child be treated as expressly provided for in the will or, in the absence of any express provision, the same as a legitimate child. (1959, c. 879, s. 1; 1973, c. 1062, s. 1; 1975, c. 54, s. 1; 1977, c. 375, s. 6; c. 591; c. 757, s. 3; 2011-344, s. 5; 2013-198, s. 9; 2025-75, s. 3.)
Notes of Decisions
Cited in 35
cases (4 in the last 5 years), 1965–2025 · leading case: In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016).
In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016). “The applicable statute as to whether the minor child Krider is a legitimate heir of La-Reko Williams is N.C. Gen.Stat. § 29-19.... 10. That Krider was born April 22, 2011.”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003). “” G.S. 29-19. Should [the mother] and her husband desire that he adopt the [child], [the father’s] consent would be unnecessary.”
In re the Est. of Mangum, 713 S.E.2d 18 (N.C. Ct. App. 2011). “§ 29-19 (b)(2) and (c) state: (b) For purposes of intestate succession, an illegitimate child shall be entitled to take by, through and from: (2) Any person who has acknowledged himself during his own lifetime and the child’s lifetime to be the father of such child in a written…”
Jefferys v. Tolin, 368 S.E.2d 201 (N.C. Ct. App. 1988). “G.S. 29-19 confers upon illegitimate children the same rights enjoyed by legitimate children under our laws of intestate succession once there is proper adjudication or acknowledgment of paternity.”
Helms v. Young-Woodard, 411 S.E.2d 184 (N.C. Ct. App. 1991). “Our Court held that “G.S. 29-19 and the statutes in pari materia are substantially related to the lawful State interests they are intended to promote.”
Settle v. Beasley, 308 S.E.2d 288 (N.C. 1983). “John Wesley Settle, to the contrary, has more at stake in this present litigation. The paternity adjudication will dramatically affect his personal interests.”
Matter of Est. of Morris, 472 S.E.2d 786 (N.C. Ct. App. 1996). “130A-101(f), he constructively complied with the statutory requirements of N.C. Gen. Stat. § 29-19 (b) and (c), which allow a father to inherit from an illegitimate child through intestate succession.”
Est. of Lucas v. Jarrett, 284 S.E.2d 711 (N.C. Ct. App. 1981). “28A-9-1 proceeding before the clerk to revoke the letters of administration issued to defendant and to establish their right, pursuant to G.S. 29-19, to take from the estate as illegitimate children of decedent.”
Mitchell ex rel. Mitchell v. Freuler, 254 S.E.2d 762 (N.C. 1979). “” We now compare N.C. Gen. Stat. §§ 29-19 , 49-10 through -12, 49-14 through -16 (1976) with both New York’s § 4-1.”
In re Williams, 701 S.E.2d 399 (N.C. Ct. App. 2010). “N.C. Gen. Stat. § 29-19 (b) (2005) (emphasis added).”
In re Est. of Potts, 651 S.E.2d 297 (N.C. Ct. App. 2007). “Respondents filed their response on 26 April 2006 and petitioner filed a Notice of Claim pursuant to N.C. Gen.Stat. § 29-19 on 17 May 2006. A hearing on this matter was held before the Clerk of Court on 18 May 2006, and the Clerk determined petitioner to be the sole heir of…”
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
N.C. Gen. Stat. § 29-19(a): 3 cases
Mitchell ex rel. Mitchell v. Freuler, 254 S.E.2d 762 (N.C. 1979). “” We now compare N.C. Gen. Stat. §§ 29-19 , 49-10 through -12, 49-14 through -16 (1976) with both New York’s § 4-1.”
In re the Est. of Edwards, 335 S.E.2d 39 (N.C. Ct. App. 1985).
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
N.C. Gen. Stat. § 29-19(b): 18 cases
Helms v. Young-Woodard, 411 S.E.2d 184 (N.C. Ct. App. 1991). “Our Court held that “G.S. 29-19 and the statutes in pari materia are substantially related to the lawful State interests they are intended to promote.”
Jefferys v. Tolin, 368 S.E.2d 201 (N.C. Ct. App. 1988). “G.S. 29-19 confers upon illegitimate children the same rights enjoyed by legitimate children under our laws of intestate succession once there is proper adjudication or acknowledgment of paternity.”
In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016). “The applicable statute as to whether the minor child Krider is a legitimate heir of La-Reko Williams is N.C. Gen.Stat. § 29-19.... 10. That Krider was born April 22, 2011.”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003). “” G.S. 29-19. Should [the mother] and her husband desire that he adopt the [child], [the father’s] consent would be unnecessary.”
Est. of Lucas v. Jarrett, 284 S.E.2d 711 (N.C. Ct. App. 1981). “28A-9-1 proceeding before the clerk to revoke the letters of administration issued to defendant and to establish their right, pursuant to G.S. 29-19, to take from the estate as illegitimate children of decedent.”
N.C. Gen. Stat. § 29-19(b)(1): 5 cases
Settle v. Beasley, 308 S.E.2d 288 (N.C. 1983). “John Wesley Settle, to the contrary, has more at stake in this present litigation. The paternity adjudication will dramatically affect his personal interests.”
Mitchell ex rel. Mitchell v. Freuler, 254 S.E.2d 762 (N.C. 1979). “” We now compare N.C. Gen. Stat. §§ 29-19 , 49-10 through -12, 49-14 through -16 (1976) with both New York’s § 4-1.”
In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016). “The applicable statute as to whether the minor child Krider is a legitimate heir of La-Reko Williams is N.C. Gen.Stat. § 29-19.... 10. That Krider was born April 22, 2011.”
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
In re Arnette, No. 24-796 (N.C. Ct. App. May 21, 2025).
N.C. Gen. Stat. § 29-19(b)(1984): 1 case
Batcheldor v. Boyd, 458 S.E.2d 1 (N.C. Ct. App. 1995).
N.C. Gen. Stat. § 29-19(b)(2): 9 cases
In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016). “The applicable statute as to whether the minor child Krider is a legitimate heir of La-Reko Williams is N.C. Gen.Stat. § 29-19.... 10. That Krider was born April 22, 2011.”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003). “” G.S. 29-19. Should [the mother] and her husband desire that he adopt the [child], [the father’s] consent would be unnecessary.”
In re Est. of Potts, 651 S.E.2d 297 (N.C. Ct. App. 2007). “Respondents filed their response on 26 April 2006 and petitioner filed a Notice of Claim pursuant to N.C. Gen.Stat. § 29-19 on 17 May 2006. A hearing on this matter was held before the Clerk of Court on 18 May 2006, and the Clerk determined petitioner to be the sole heir of…”
Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002).
Jefferys v. Tolin, 368 S.E.2d 201 (N.C. Ct. App. 1988). “G.S. 29-19 confers upon illegitimate children the same rights enjoyed by legitimate children under our laws of intestate succession once there is proper adjudication or acknowledgment of paternity.”
N.C. Gen. Stat. § 29-19(b)(3): 2 cases
In re Est. of Williams, 783 S.E.2d 253 (N.C. Ct. App. 2016). “The applicable statute as to whether the minor child Krider is a legitimate heir of La-Reko Williams is N.C. Gen.Stat. § 29-19.... 10. That Krider was born April 22, 2011.”
Abitol v. Clark, 910 S.E.2d 10 (N.C. Ct. App. 2024).
N.C. Gen. Stat. § 29-19(b)(l): 4 cases
Est. of Lucas v. Jarrett, 284 S.E.2d 711 (N.C. Ct. App. 1981). “28A-9-1 proceeding before the clerk to revoke the letters of administration issued to defendant and to establish their right, pursuant to G.S. 29-19, to take from the estate as illegitimate children of decedent.”
In re Williams, 701 S.E.2d 399 (N.C. Ct. App. 2010). “N.C. Gen. Stat. § 29-19 (b) (2005) (emphasis added).”
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
Sanders v. Brantley, 323 S.E.2d 426 (N.C. Ct. App. 1984).
N.C. Gen. Stat. § 29-19(c): 2 cases
Matter of Est. of Morris, 472 S.E.2d 786 (N.C. Ct. App. 1996). “130A-101(f), he constructively complied with the statutory requirements of N.C. Gen. Stat. § 29-19 (b) and (c), which allow a father to inherit from an illegitimate child through intestate succession.”
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
N.C. Gen. Stat. § 29-19(d): 1 case
Est. of Stern v. Stern, 311 S.E.2d 909 (N.C. Ct. App. 1984). “They maintain that unless G.S. 29-19 is interpreted so as to permit the paternal heirs to share in the decedent's estate, the resulting distribution will be in violation of the Equal Protection Clause of the Fourteenth Amendment.”
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