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NCGS 30-15 provides that a surviving spouse shall be entitled to an allowance of the value of $60,000 from the personal property of the deceased spouse to support the surviving spouse. The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death.

In some instances, the surviving spouse may apply for a higher spousal allowance based on the income of the deceased spouse. The maximum spousal year's allowance is one half of the average annual net income of the deceased spouse for the three years immediately prior to the deceased spouse's death.

If he did not have a will, state statutes, known as intestacy laws, would provide who has priority to inherit the assets. In our example, if the husband had a will then the house would pass to whomever is to receive his assets pursuant to that will. That may very well be his wife, even if her name is not on the title.

Inheritance: Married spouses If your spouse dies without leaving a valid will, you can choose to get an equalization payment or your share ing to the ?intestacy? rules. These rules give married spouses and children the right to inherit property when there is no valid will.

You should note that you will only retain your share of the property if your partner dies. Your partner's share will be part of their estate and distributed ing to the state intestacy laws or your partner's will. If there is no will, the decedent's estate is distributed under the state intestate succession rules.

If you are legally married to your spouse and have no will in place they are entitled to receive the first $200,000.00 and a portion thereafter depending on how many children you have. If you have no children your spouse will inherit your entire estate.