§ 29-23 – In general.
29-23. In general. If a person dies intestate as to all the person’s estate, property which the person gave in his lifetime as an advancement shall be counted toward the advancee’s intestate share, and to the extent that it does not exceed such intestate share, shall be taken into account in computing the estate to […]
§ 29-24 – Presumption of gift.
29-24. Presumption of gift. A gratuitous inter vivos transfer is presumed to be an absolute gift and not an advancement unless shown to be an advancement. (1959, c. 879, s. 1.)
§ 29-25 – Effect of advancement.
29-25. Effect of advancement. If the amount of the advancement equals or exceeds the intestate share of the advancee, the advancee shall be excluded from any further portion in the distribution of the estate, but the advancee shall not be required to refund any part of such advancement; and if the amount of the advancement […]
§ 29-26 – Valuation.
29-26. Valuation. The value of the property given as an advancement shall be determined as of the time when the advancee came into possession or enjoyment, or at the time of the death of the intestate, whichever first occurs. However, if the value of the property, so advanced, is stated by the intestate donor in […]
§ 29-27 – Death of advancee before intestate donor.
29-27. Death of advancee before intestate donor. If the advancee dies before the intestate donor leaving a lineal heir or heirs who take by intestate succession from the intestate donor, the advancement shall be taken into account in the same manner as if it had been made directly to such heir or heirs, but the […]
§ 29-28 – Inventory.
29-28. Inventory. If any person who has, in the lifetime of an intestate donor, received a part of the donor’s property, refuses, upon order of the clerk of superior court of the county in which the administrator or collector qualifies, to give an inventory on oath, setting forth therein to the best of the person’s […]
§ 29-29 – Release by advancee.
29-29. Release by advancee. If the advancee acknowledges to the intestate donor by a signed writing that the advancee has been advanced the advancee’s full share of the intestate donor’s estate, both the advancee and those claiming through the advancee shall be excluded from any further participation in the intestate donor’s estate. (1959, c. 879, […]
§ 29-30 – Election of surviving spouse to take life interest in lieu of intestate share provided.
29-30. Election of surviving spouse to take life interest in lieu of intestate share provided. (a) Except as provided in this subsection, in lieu of the intestate share provided in G.S. 29-14 or G.S. 29-21, or of the elective share provided in G.S. 30-3.1, the surviving spouse of an intestate or the surviving spouse who […]
§ 29-22 – Shares of others than the surviving spouse.
29-22. Shares of others than the surviving spouse. Those persons surviving an intestate born out of wedlock, other than the surviving spouse, shall take that share of the net estate provided in G.S. 29-15. In determining whether the intestate is survived by one or more parents or their collateral kindred as provided in G.S. 29-15, […]
§ 29-8 – Partial intestacy.
29-8. Partial intestacy. If part but not all of the estate of a decedent is validly disposed of by the decedent’s will, the part not disposed of by such will shall descend and be distributed as intestate property. (1959, c. 879, s. 1; 2011-344, s. 5.)