North Carolina General Statutes 29-23. In general
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If a person dies intestate as to all the person’s estate, property which the person gave in his lifetime as an advancement shall be counted toward the advancee’s intestate share, and to the extent that it does not exceed such intestate share, shall be taken into account in computing the estate to be distributed. ?(1959, c. 879, s. 1; 2011-344, s. 5.)
Terms Used In North Carolina General Statutes 29-23
- Advancement: means an irrevocable inter vivos gift of property, made by an intestate donor to any person who would be the donor's heir or one of the donor's heirs upon the donor's death, and intended by the intestate donor to enable the donee to anticipate the donee's inheritance to the extent of the gift; except that no gift to a spouse shall be considered an advancement unless so designated by the intestate donor in a writing signed by the donor at the time of the gift. See North Carolina General Statutes 29-2
- Estate: means all the property of a decedent, including but not limited to:
- Intestate: Dying without leaving a will.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Share: when used to describe the share of a net estate or property which any person is entitled to take, includes both the fractional share of the personal property and the undivided fractional interest in the real property, which the person is entitled to take. See North Carolina General Statutes 29-2