Estates, Trusts, and Probate
What this domain tests
This section tests the estate administration sequence in North Carolina: will validity, probate before the clerk of superior court, intestate succession, personal representative duties, spousal rights, and trust administration under the Uniform Trust Code (G.S. Chapter 36C).
Wills and intestacy
- A valid will requires a testator at least 18, signature (or direction of signature), and two competent witnesses attesting in the testator's presence (G.S. 31-1). Self-proving affidavits speed probate (G.S. 31-11.6). North Carolina does not recognize holographic wills.
- Intestate shares follow G.S. Chapter 29: a surviving spouse takes the entire estate when there are no descendants; with one child, the spouse takes half; with two or more, the spouse takes one-third, with the residue to the children.
- A surviving spouse who is dissatisfied may claim the elective share under G.S. Chapter 30; the amount grows with the length of the marriage.
Administration sequence
- Probate the will or qualify for letters of administration before the clerk.
- Publish notice to creditors and give personal notice; claims are generally barred if not presented within the statutory period.
- File an inventory within three months of qualification and an annual account thereafter.
- Pay debts, taxes, and expenses; distribute the residue; file a final account and close the estate.
Worked example
Decedent dies intestate with a spouse and two children, leaving $300,000. The spouse receives one-third ($100,000) and the two children share the remaining two-thirds ($100,000 each). Had there been no descendants, the spouse would take everything.
Traps that cost marks
- Assuming a handwritten, unwitnessed will is valid.
- Missing the inventory deadline or the account cycle.
- Confusing a guardian ad litem with a guardian of the estate.
- Overlooking that trusts and nonprobate assets do not pass under the will.