DE: Intestate Succession

UPC2-102: Real and Personal Property

Share of Surviving Spouse Factual Circumstances
Decedent has no surviving lineal descendant or parent OR
Entire Estate All of decedent’s surviving lineal descendants are ALSO lineal descendants of the surviving spouse AND
there are no other surviving lineal descendants of the surviving spouse

$200,000 + 3/4 balance Decedent has no surviving lineal descendants BUT decedent has one or more surviving parents

All of decedent’s surviving lineal descendants are ALSO lineal descendants of the surviving spouse AND
$150,000 + 1/2 balance
surviving spouse has surviving lineal descendants who are not lineal descendants of the decedent.
$100,000 + 1/2 balance Decedent has surviving lineal descendants who are NOT lineal descendants of the surviving spouse.

NCGS 29-15(a): Real Property

Share of Surviving Spouse Factual Circumstances
Entire Estate Decedent is not survived by any lineal descendant OR parent.
Decedent is survived by one child OR
1/2 interest
Decedent is NOT survived by any lineal descendant, but is survived by a parent
1/3 interest Decedent is survived by two or more lineal descendants.

NCGS 29-15(b): Personal Property

Share of Surviving Spouse Factual Circumstances
Entire Estate Decedent is not survived by any lineal descendant OR parent.

$30,000 + 1/2 balance Decedent is survived by one child.

$50,000 + 1/2 balance Decedent is NOT survived by any lineal descendant, but is survived by a parent.

$30,000 + 1/3 balance Decedent is survived by two or more lineal descendants.