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You likely have assets that will pass outside of probate to beneficiaries without regard to a Will or intestacy statutes. For example, in North Carolina, married couples usually own real estate as tenants by the entirety. When one spouse dies, the survivor inherits the deceased spouse's share automatically.

For small estates, North Carolina has a simplified process which allows you to wrap up the estate without formal probate. This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law.

In California, a community property state, the surviving spouse is entitled to at least one-half of any property or wealth accumulated during the marriage (i.e. community property), absent a pre-nuptial or post-nuptial agreement that states otherwise.

The surviving spouse automatically becomes the sole owner of property held as tenancy by the entirety, and is not disposed of by a will or otherwise disposed of by the intestate succession statute if there is no will.

The Spouse's Share in North Carolina. In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

North Carolina's Intestate Succession Laws If the decedent had two children, the surviving spouse will only receive a one-third interest in the real property. If you die without a surviving spouse, your assets will generally pass to your children. If you have no children, your parents will receive the estate.