State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_29 > GS_29-15

§29‑15.  Shares of others than surviving spouse.

Those persons surviving theintestate, other than the surviving spouse, shall take that share of the netestate not distributable to the surviving spouse, or the entire net estate ifthere is no surviving spouse, as follows:

(1)        If the intestate issurvived by only one child or by only one lineal descendant of only onedeceased child, that person shall take the entire net estate or share, but ifthe intestate is survived by two or more lineal descendants of only onedeceased child, they shall take as provided in G.S. 29‑16; or

(2)        If the intestate issurvived by two or more children or by one child and any lineal descendant ofone or more deceased children, or by lineal descendants of two or more deceasedchildren, they shall take as provided in G.S. 29‑16; or

(3)        If the intestate isnot survived by a child, children or any  lineal descendant of a deceased childor children, but is survived by both parents, they shall take in equal shares,or if either parent is dead, the surviving parent shall take the entire share;or

(4)        If the intestate isnot survived by such children or lineal descendants or by a parent, thebrothers and sisters of the intestate, and the lineal descendants of anydeceased brothers or sisters, shall take as provided in G.S. 29‑16; or

(5)        If there is no oneentitled to take under the preceding subdivisions of this section or under G.S.29‑14,

a.         The paternalgrandparents shall take one half of the net estate in equal shares, or, ifeither is dead, the survivor shall take the entire one half of the net estate,and if neither paternal grandparent survives, then the paternal uncles andaunts of the intestate and the lineal descendants of deceased paternal unclesand aunts shall take said one half as provided in G.S. 29‑16; and

b.         The maternalgrandparents shall take the other one half in equal shares, or if either isdead, the survivor shall take the entire one half of the net estate, and ifneither maternal grandparent survives, then the maternal  uncles and aunts ofthe intestate and the lineal descendants of deceased maternal uncles and auntsshall take one half as provided in G.S. 29‑16; but

c.         If there is nograndparent and no uncle or aunt, or lineal descendant of a deceased uncle oraunt, on the paternal side, then those of the maternal side who otherwise wouldbe entitled to take one half as hereinbefore provided in this subdivision shalltake the whole; or

d.         If there is nograndparent and no uncle or aunt, or lineal descendant of a deceased uncle oraunt, on the maternal side, then those on the paternal side who otherwise wouldbe entitled to take one half as hereinbefore provided in this subdivision shalltake the whole. (1959, c. 879, s. 1.)