The main determining factors for how property will pass upon your death in North Carolina are: the type of property involved, how that property is titled, whether beneficiaries are listed, and whether or not you have a Will. If you do not have a Will and do not have any property that would pass through operation of law, then all of your property will pass through the intestacy laws of NC. There are a number of items of property, including real property titled as tenancies by the entirety, and most retirement accounts and insurance policies, that will pass automatically by operation of law. Accounts with named beneficiaries will pass automatically to those beneficiaries.
When creating an estate plan, it is important to align your Will with all of your assets that may not pass through probate to ensure you understand the full picture of how your property will be distributed upon your death. Want to read more on this topic? Read our full blog about how property passes at death in North Carolina.
Written by Bill Hunter
Co-Founder and Attorney
Hunter & Hein, Attorneys at Law, PLLC