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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41014
Experience:  Texas lawyer for 30 years in Estate law
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Can the heirs to an estate agree or contract to divide the

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Can the heirs to an estate agree or contract to divide the proceeds differently from the intestate laws?

Thanks for your question and good evening.

In the event that the person deceases without a will the estate passes by the laws of intestacy.The probate court would apply them in naming the legal heirs and their shares.The heirs once named cannot contract around this, the probate court has to apply them to the assets of an estate.They cannot divide assets here other than the court applying the laws of intestacy.These laws are mandatory where there is no will in place.

The court is mandated by law to follow the laws of intestacy and the court divides the assets and disburses them to the heir or the proceeds from the sale of assets.Either way the laws of intestacy control here.



The actual laws of intestacy in NC..

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Customer: replied 4 years ago.

In NC once the administrator is named and determines the heirs, can the heirs agree how to divide the intestate estate; for example if the husband would receive the majority by statute, can he agree to divide the estate evenly with the adult children, if everyone signs ageeing to the distribution? if no, why not?

An heir here by law can sign a a declination of inheritance, so that the other heirs take it.They can also take the inheritance and then gift it to others.If he declines then it passes to the remaining legal heirs and their shares increase accordingly.


The written declination is prepared bu the estate lawyer and filed with the probate court and acts as the means to decline their legal share of the estate.

If he has to take his share he can turn around and gift it to his children or others.Thanks for the follow up.