NC General Statutes

N.C. Gen. Stat. § 29-21 (2026)

Share of surviving spouse

✓ current as of July 2026

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The share of the surviving spouse of an intestate born out of wedlock shall be the same as provided in G.S. 29-14 for the surviving spouse of a legitimate person. In determining whether the intestate is survived by one or more parents as provided in G.S. 29-14(3), any person identified as the father under G.S. 29-19(b)(1) or (b)(2) shall be regarded as a parent. (1959, c. 879, s. 1; 1977, c. 757, s. 1; 2013-198, s. 11.)

Notes of Decisions

Cited in 2 cases, 1969–1977 · leading case: Newlin v. Gill, State Treasurer, 237 S.E.2d 819 (N.C. 1977).

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Newlin v. Gill, State Treasurer, 237 S.E.2d 819 (N.C. 1977). · cites it 3× “29-14 defines the shares of the surviving spouse in case of intestacy and G.S. 29-15 delineates the shares of all others except those taking from an illegitimate intestate.”

Heller v. Heller, 171 S.E.2d 335 (N.C. Ct. App. 1969). “29-14 (or in G.S. 29-21 if applicable); or second, in lieu of such share, if timely election is made in the manner specified in G.”

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