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North Carolina calls these payments for support and maintenance, which are made from the decedent's personal property, the year's allowance. Every surviving spouse is entitled to a $60,000 allowance for a one-year period.
If you die with parents but no descendants, your spouse will inherit half of intestate real estate and the first $100,000 of personal property. If there is more than $100,000 worth of personal property, your spouse then inherits half of the remaining personal property.
As detailed in this statute, if the person who dies is survived by a spouse, the spouse will take in one of the following manners: If the person who dies is not survived by a child, a grandchild, or a parent, the spouse takes the entire estate, both real and personal property.
The Probate Process in North Carolinacollect and inventory the deceased person's assets, and keep them safe.have assets professionally appraised, if necessary.sell some assets, if necessary.pay valid debts and taxes, and.give out the remaining property as the will (or if there's no will, state law) directs.
When real estate is not held jointly, and someone dies, it must generally pass through their estate. If the deceased had a will, the will would dictate the distribution of their estate to beneficiaries (presumably your mother, in your father's case).
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
If you die intestate, i.e., without a will, then North Carolina law specifies who gets your property. In some instances, the people receiving your assets will be the persons whom you would want. For instance, if you die unmarried, with living children, your estate will go to your children.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
If the court grants the extension, the executor will be responsible for filing an annual accounting of the estate with the court at the 12-month mark. At the 12 month mark, the year extension will kick in and the executor will have another 12 months before the final accounting becomes due once again.
Below is a summary of how a surviving spouse inherits under the Intestate Succession Act. If the decedent spouse is not survived by any lineal descendants or a parent, the surviving spouse gets title to 100% of the real property, and 100% of the personal property.