§ 29-16. Distribution among classes. - North Carolina Statutes

Article3.

Distribution amongClasses.

§ 29‑16.  Distributionamong classes.

(a)        Children and TheirLineal Descendants. – If the intestate is survived by lineal descendants, theirrespective shares in the property which they are entitled to take under G.S. 29‑15of this Chapter shall be determined in the following manner:

(1)        Children. – Todetermine the share of each surviving child, divide the property by the numberof surviving children plus the number of deceased children who have left linealdescendants surviving the intestate.

(2)        Grandchildren. – Todetermine the share of each surviving grandchild by a deceased child of theintestate in the property not taken under the preceding subdivision of thissubsection, divide that property by the number of such surviving grandchildrenplus the number of deceased grandchildren who have left lineal descendantssurviving the intestate.

(3)        Great‑Grandchildren.– To determine the share of each surviving great‑grandchild by a deceasedgrandchild of the intestate in the property not taken under the precedingsubdivisions of this subsection, divide that property by the  number of suchsurviving great‑grandchildren plus the number of deceased great‑grandchildrenwho have left lineal descendants surviving the intestate.

(4)        Great‑Great‑Grandchildren.– To determine the share of each surviving great‑great‑grandchildby a deceased great‑grandchild of the intestate in the property not takenunder the preceding subdivisions of this subsection, divide that property bythe number of such surviving great‑great‑grandchildren plus thenumber of deceased great‑great‑ grandchildren who have left linealdescendants surviving the intestate.

(5)        Other LinealDescendants of Children. – Divide, according to the formula established in thepreceding subdivisions of this subsection, any property not taken under suchpreceding subdivisions, among the lineal descendants of the children of theintestate not already participating.

(b)        Brothers andSisters and Their Lineal Descendants. – If the  intestate is survived bybrothers and sisters or the lineal descendants of deceased brothers andsisters, their respective shares  in the property which they are entitled totake under G.S. 29‑15 of this Chapter shall be determined in thefollowing manner:

(1)        Brothers andSisters. – To determine the share of each surviving brother and sister, dividethe property by the number of surviving brothers and sisters plus the number ofdeceased brothers and sisters who have left lineal descendants surviving the intestatewithin the fifth degree of kinship to the intestate.

(2)        Nephews and Nieces.– To determine the share of each surviving nephew or niece by a deceasedbrother or sister of  the intestate in the property not taken under thepreceding subdivision of this subsection, divide that property by the number ofsuch surviving nephews or nieces plus the number of deceased nephews and nieceswho have left lineal descendants surviving the intestate within the fifthdegree of kinship to the intestate.

(3)        Grandnephews andGrandnieces. – To determine the share of each surviving grandnephew orgrandniece by a deceased nephew or niece of the intestate in the property nottaken under the preceding subdivisions of this subsection, divide that propertyby the number of such surviving grandnephews and grandnieces plus the number ofdeceased grandnephews and grandnieces who have left children surviving theintestate.

(4)        Great‑Grandnephewsand Great‑Grandnieces. – To determine the share of each surviving childof a deceased grandnephew or grandniece of the intestate, divide equally amongthe great‑grandnephews and great‑grandnieces of the intestate anyproperty not taken under the preceding subdivisions of this subsection.

(5)        Grandparents andOthers. – If there is no one within the fifth degree of kinship to theintestate entitled to take the property under the preceding subdivisions ofthis subsection, then the intestate's property shall go to those entitled totake under G.S. 29‑15(5).

(c)        Uncles and Auntsand Their Lineal Descendants. – If the intestate is survived by uncles andaunts or the lineal descendants of deceased uncles and aunts, their respectiveshares in the property which they are entitled to take under G.S. 29‑15shall be determined in the following manner:

(1)        Uncles and Aunts. –To determine the share of each surviving uncle and aunt, divide the property bythe number of surviving uncles and aunts plus the number of deceased uncles andaunts who have left children or grandchildren surviving the intestate.

(2)        Children of Unclesand Aunts. – To determine the share of each surviving child of a deceased uncleor aunt of the intestate in the property not taken under the precedingsubdivision of this subsection, divide that property by the number of survivingchildren of deceased uncles and aunts plus the number of deceased children ofdeceased uncles and aunts who have left children surviving the intestate.

(3)        Grandchildren ofUncles and Aunts. – To determine the share of each surviving child of adeceased child of a deceased uncle or aunt of the intestate, divide equallyamong the grandchildren of uncles or aunts of the intestate any property nottaken under the preceding subdivisions of this subsection. (1959,c. 879, s. 1; 1979, c. 107, ss. 2, 3.)