Kinston, NC asked in Estate Planning for North Carolina

Q: If a person dies with no will, has 2 surviving sons, who is responsible for the deceased persons property and etc.

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: If a person dies in NC without a will, its called dying "intestate." In such case, the state intestacy law provides that all the probate assets of the dead person, if he/she had no spouse, would pass to the sons in equal shares. This includes any land. Since title to the land passes to both sons then both are equally liable for the taxes, mortgage, insurance and maintenance.

So the two sons would own the land. Obviously, if they wished to keep it they would have to keep paying for it if the land is mortgaged. If the sons wish to sell the land, then one of them is going to have to probate an estate for the deceased person. If an estate is probated and all claims are paid, then the sons would divide the remainder of the personal property between them.

You mention in your post that there are 2 surviving sons. I don't know if this means that the deceased had more than 2 children but only 2 survived or if the deceased only had 2 sons both of whom survived the dead parent. It makes a difference because if the deceased had more than 2 children, and one or more of these children are deceased but left children of their own, then these grandchildren would also stand to inherit.

Probate can be be complicated depending on what was owned at the time of death and how it was titled. If there is no will, I suggest that the sons decide which of them is best able to be the administrator of the estate. Ideally, it should be someone who lives in NC and who is diligent in handling money and estate matters. If neither can agree and more than 6 months since the parent's death have elapsed, then a public administrator can be appointed. I would suggest a third way, depending on the situation. If neither son feels especially competent, the sons can hire a probate law firm to administer the estate. Both sons can renounce their right to serve as personal representative and the law firm can apply. The law firm can then administer the estate.

Administering an estate can be time consuming but the job, in a nutshell, entails figuring out what the decedent owed, what he/she owned, figuring out who the beneficiaries/heirs are under the intestacy law, paying any just debts and then distributing what's left between the heirs.

I would strongly recommend that the surviving sons go and pay a probate attorney for review of the matter and see if probate is needed and what it would cost to administer the estate. The sons will need a probate attorney in the county/state where the deceased parent lived at the time of his/her death or where the parent owned land.

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