But, unless you develop an estate plan, it is possible that your property will be divided among surviving family members contrary to your wishes. If you do not have a will, your property will be divided according to state laws. These laws are referred to as the North Carolina Intestate Succession Laws. When a person dies without making a will, he or she is considered to have died intestate, and the property is divided among the surviving heirs according to the rigid specifications of intestate distribution. Certain kinds of property, such as proceeds of insurance policies with designated beneficiaries and property owned jointly with survivorship rights, are not affected by these laws.
State law controls distribution of both real and personal property.
All personal property, wherever it is located, is subject to the North Carolina laws of distribution if the decedent was a resident of this state. Only real property which is located within North Carolina is distributed according to North Carolina law. Real property located outside the state is distributed according to the laws of intestate succession of that state. Laws relating to the distribution of property vary by state and may be different from those of North Carolina. This publication will help you answer these two important questions.