Chapter 3: Calculating Shares

Question 1

How are intestate shares calculated?

Answer 1

Like the Uniform Probate Code, NC uses the per capita at each generation approach to distribution. This treats people who are equally distant from decedent in = fashion.

1. Divide the property in equal shares at the first generation whether there is a surviving descendant
2. Each survivor takes 1 share. If someone passed away at that level and left issue, the remaining shares are grouped and distributed at that next level to the issue of those who have predeceased.

If there are no eligible takers, the property escheats to the state.