State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_29 > GS_29-19


Illegitimate Children.

§ 29‑19.  Succession by,through and from illegitimate children.

(a)        For purposes ofintestate succession, an illegitimate child shall be treated as if he were thelegitimate child of his mother, so that he and his lineal descendants areentitled to take by, through and from his mother and his other maternalkindred, both descendants and collaterals, and they are entitled to take fromhim.

(b)        For purposes ofintestate succession, an illegitimate child shall be entitled to take by,through and from:

(1)        Any person who hasbeen finally adjudged to be the father of such child pursuant to the provisionsof G.S. 49‑1 through 49‑9 or the provisions of G.S. 49‑14through 49‑16;

(2)        Any person who hasacknowledged himself during his own lifetime and the child's lifetime to be thefather of such child in a written instrument executed or acknowledged before acertifying officer named in G.S. 52‑10(b) and filed during his ownlifetime and the child's lifetime in the office of the clerk of superior courtof the county where either he or the child resides.

Notwithstanding the aboveprovisions, no person shall be entitled to take hereunder unless he has givenwritten notice of the basis of his claim to the personal representative of theputative father within six months after the date of the first publication orposting of the general notice to creditors.

(c)        Any persondescribed under subdivision (b)(1) or (2) above and his lineal and collateralkin shall be entitled to inherit by, through and from the illegitimate child.

(d)        Any person whoacknowledges himself to be the father of an illegitimate child in his dulyprobated last will shall be deemed to have intended that such child be treatedas expressly provided for in said will or, in the absence of any expressprovision, the same as a legitimate child. (1959, c. 879, s. 1; 1973, c.1062, s. 1; 1975, c. 54, s. 1; 1977, c. 375, s. 6; c. 591; c. 757, s. 3.)