NC General Statutes

N.C. Gen. Stat. § 29-8 (2026)

Partial intestacy

✓ current as of July 2026

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If part but not all of the estate of a decedent is validly disposed of by the decedent's will, the part not disposed of by such will shall descend and be distributed as intestate property. (1959, c. 879, s. 1; 2011-344, s. 5.)

Notes of Decisions

Cited in 3 cases, 1985–1996 · leading case: McKinney v. Mosteller, 365 S.E.2d 612 (N.C. 1988).

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McKinney v. Mosteller, 365 S.E.2d 612 (N.C. 1988). · cites it 3× “See N.C.G.S. §§ 29-8 and 29-15 (1984). The presumption against partial intestacy is merely a rule of construction and cannot have the effect of transferring property in the face of contrary provisions in the will.”

Ferguson v. Croom, 326 S.E.2d 373 (N.C. Ct. App. 1985). · cites it 3× “G.S. 29-8 states: “If part but not all of the estate of a decedent is validly disposed of by his will, the part not disposed of by such will shall descend and he distributed as intestate property.”

Tarlton v. Stidham, 469 S.E.2d 38 (N.C. Ct. App. 1996). · cites it 6× “The Ferguson Court arrived at this disposition by applying N.C. Gen. Stat. § 29-8 (1984), which states: “If part but not all of the estate of a decedent is validly disposed of by his will, the part not disposed of by .”

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