NC General Statutes

N.C. Gen. Stat. § 29-2 (2026)

Definitions

✓ current as of July 2026

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As used in this Chapter, unless the context otherwise requires, the term:

(1) "Advancement" means an irrevocable inter vivos gift of property, made by an intestate donor to any person who would be the donor's heir or one of the donor's heirs upon the donor's death, and intended by the intestate donor to enable the donee to anticipate the donee's inheritance to the extent of the gift; except that no gift to a spouse shall be considered an advancement unless so designated by the intestate donor in a writing signed by the donor at the time of the gift.

(2) "Estate" means all the property of a decedent, including but not limited to:

a. An estate for the life of another; and

b. All future interests in property not terminable by the death of the owner thereof, including all reversions, remainders, executory interests, rights of entry and possibilities of reverter, subject, however, to all limitations and conditions imposed upon such future interests.

(3) "Heir" means any person entitled to take real or personal property upon intestacy under the provisions of this Chapter.

(4) "Lineal descendants" of a person means all children of such person and successive generations of children of such children.

(5) "Net estate" means the estate of a decedent, exclusive of family allowances, costs of administration, and all lawful claims against the estate.

(6) "Share," when used to describe the share of a net estate or property which any person is entitled to take, includes both the fractional share of the personal property and the undivided fractional interest in the real property, which the person is entitled to take. (1959, c. 879, s. 1; 1961, c. 958, s. 1; 2011-344, s. 5.)

Notes of Decisions

Cited in 23 cases, 1955–2008 · leading case: Matter of Est. of Francis, 394 S.E.2d 150 (N.C. 1990).

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Matter of Est. of Francis, 394 S.E.2d 150 (N.C. 1990). · cites it 36× “See N.C.G.S. § 29-2(2) (1984) (Estate means "all the property of a decedent" and includes by illustration, not by limitation, two types of propertyan estate for the life of another and future interests in property not terminable by the death of the owner); Uniform Probate Code…”

Smith v. Smith, 143 S.E.2d 300 (N.C. 1965). · cites it 6× “They point to G.S. § 29-2(6) which defines "share" and states: "`Share,' when used to describe the share of a net estate or property which any person is entitled to take, includes * * * the undivided fractional interest in the real property, which the person is entitled to take.”

Phillips v. Phillips, 252 S.E.2d 761 (N.C. 1979). · cites it 3× “” G.S. 29-2(5). Since the intestate share of any surviving spouse, or other heir, is ordinarily a percentage of the decedent’s net estate, the amount of the net estate must be determined within limits which will permit the court to ascertain with substantial accuracy whether the…”

State Ex Rel. Pilard v. Berninger, 571 S.E.2d 836 (N.C. Ct. App. 2002). · cites it 2× “” See N.C. Gen. Stat. § 29-2 (2) (2002); see also Matter of Estate of Francis, 327 N.”

Keiger v. Winston-Salem Bd. of Adjustment, 178 S.E.2d 616 (N.C. 1971). · cites it 4× “Section 29-2 of the Ordinance, quoted in the opinion of the Court of Appeals and referred to therein as the “purpose and intent” clause of the Ordinance, sets forth in detail the purposes for which the Ordinance was adopted.”

Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986). · cites it 5× “If Daniel had predeceased Virginia and Virginia had duly dissented from his will, there is no doubt but that Virginia would have received her full intestate share.”

Moore v. Jones, 261 S.E.2d 289 (N.C. Ct. App. 1980). · cites it 2× “if the deceased spouse is not survived by a child, children, or any lineal descendants of a deceased child or children, or by a parent, the surviving spouse shall receive only one half of the deceased spouse’s net estate as defined in G.S. 29-2(5), which one half shall be…”

Vinson v. Chappell, 166 S.E.2d 686 (N.C. 1969). · cites it 2× ““(c) If the surviving spouse dissents from his or her deceased spouse’s will and takes an intestate share as provided herein, the residue of the testator’s net estate, as defined in G.S. 29-2, shall be distributed to the other devisees and legatees as provided in the testator’s…”

Elliott v. Cox, 397 S.E.2d 319 (N.C. Ct. App. 1990). · cites it 2× “Finally, defendants contend in the alternative, that if the deed did not create a tenancy by the entirety then the limitation over still should not be given effect because Edna Buffkin was Archie *540 Buffkin’s heir at law in 1968 pursuant to N.C. Gen. Stat. § 29-2 (3), the…”

First Union Nat'l Bank v. Melvin, 130 S.E.2d 387 (N.C. 1963). · cites it 7× “30-3(c) which follows: “If the surviving spouse dissents from his or her deceased spouse’s will and takes an intestate share as provided herein, the residue of the testator’s net estate, as defined in G.S. 29-2, shall be distributed to the other devisees and legatees as provided…”

Phillips v. Phillips, 238 S.E.2d 790 (N.C. Ct. App. 1977). · cites it 2× “G.S. 29-2(5). Thus, a literal interpretation of the term “intestate share” as it is employed by G.”

In re the Est. of Francis, 381 S.E.2d 484 (N.C. Ct. App. 1989). “” Net estate is defined in G.S. 29-2(5) as “the estate of a decedent, exclusive of family allowances, costs of administration, and all lawful claims against the estate.”

Show all 23 citing cases →

— N.C. Gen. Stat. § 29-2(1) — 1 case

Parrish v. Adams, 179 S.E.2d 880 (N.C. Ct. App. 1971).

— N.C. Gen. Stat. § 29-2(2) — 1 case

Matter of Est. of Francis, 394 S.E.2d 150 (N.C. 1990). “See N.C.G.S. § 29-2(2) (1984) (Estate means "all the property of a decedent" and includes by illustration, not by limitation, two types of propertyan estate for the life of another and future interests in property not terminable by the death of the owner); Uniform Probate Code…”

— N.C. Gen. Stat. § 29-2(3) — 3 cases

Vinson v. Chappell, 166 S.E.2d 686 (N.C. 1969). ““(c) If the surviving spouse dissents from his or her deceased spouse’s will and takes an intestate share as provided herein, the residue of the testator’s net estate, as defined in G.S. 29-2, shall be distributed to the other devisees and legatees as provided in the testator’s…”

First Union Nat'l Bank v. Melvin, 130 S.E.2d 387 (N.C. 1963). “30-3(c) which follows: “If the surviving spouse dissents from his or her deceased spouse’s will and takes an intestate share as provided herein, the residue of the testator’s net estate, as defined in G.S. 29-2, shall be distributed to the other devisees and legatees as provided…”

First Union Nat'l Bank of Nc v. Melvin, 130 S.E.2d 387 (N.C. 1963).

— N.C. Gen. Stat. § 29-2(4) — 2 cases

Matter of Est. of Edwards, 343 S.E.2d 913 (N.C. 1986). “If Daniel had predeceased Virginia and Virginia had duly dissented from his will, there is no doubt but that Virginia would have received her full intestate share.”

In re the Est. of Edwards, 335 S.E.2d 39 (N.C. Ct. App. 1985).

— N.C. Gen. Stat. § 29-2(5) — 6 cases

Phillips v. Phillips, 252 S.E.2d 761 (N.C. 1979). “” G.S. 29-2(5). Since the intestate share of any surviving spouse, or other heir, is ordinarily a percentage of the decedent’s net estate, the amount of the net estate must be determined within limits which will permit the court to ascertain with substantial accuracy whether the…”

Moore v. Jones, 261 S.E.2d 289 (N.C. Ct. App. 1980). “if the deceased spouse is not survived by a child, children, or any lineal descendants of a deceased child or children, or by a parent, the surviving spouse shall receive only one half of the deceased spouse’s net estate as defined in G.S. 29-2(5), which one half shall be…”

Phillips v. Phillips, 238 S.E.2d 790 (N.C. Ct. App. 1977). “G.S. 29-2(5). Thus, a literal interpretation of the term “intestate share” as it is employed by G.”

— N.C. Gen. Stat. § 29-2(6) — 2 cases

Smith v. Smith, 143 S.E.2d 300 (N.C. 1965). “They point to G.S. § 29-2(6) which defines "share" and states: "`Share,' when used to describe the share of a net estate or property which any person is entitled to take, includes * * * the undivided fractional interest in the real property, which the person is entitled to take.”

First Union Nat'l Bank of Nc v. Melvin, 130 S.E.2d 387 (N.C. 1963).

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