Many North Carolina residents pass away without a will, leaving critical decisions about their assets and loved ones in the hands of the state. Without proper planning, your estate may not be distributed as you intended, leading to legal delays, unnecessary costs, and potential family conflicts.
If you die without a will (intestate), North Carolina law dictates who inherits your assets. Distribution is based on family structure:
- Married with children: Assets are divided between your spouse and children.
- Single with children: Your children inherit everything in equal portions.
** If you have children under 18 and pass away, not naming a guardian in a will means the court will decide who assumes responsibility. Without clear instructions, disagreements among family members may arise. These disputes often lead to costly legal intervention.**
- Married, without children: Your spouse may be required to share the estate with parents or other relatives.
- No immediate family: Your estate passes to parents, siblings, or extended relatives. If no heirs are located, the state takes control of your assets.
Without a valid will, your estate must go through probate. This court-supervised process can be lengthy, complex, and expensive, ultimately delaying access to funds for your loved ones. A judge will appoint an administrator to manage your assets, potentially causing delays and additional financial strain for family.
Without a plan in place, key decisions about your estate and family will be made by the state. Acting now ensures your assets are handled according to your wishes and provides peace of mind for those you care about most.
Looking to create or update your estate plan? Get in touch with Ellis Family Law, PLLC today to explore your options.