North Carolina Research : Genealogy and Local History / Helen F. M.
Leary, ed. Raleigh : North Carolina Genealogical Society, 1996
Notes from book.
STRATEGIES FOR ESTATE RECORDS
NC State Archives has files of unbound original documents, papers
generated by division of a deceased persons property among the heirs,
payment and collection of debts, appointment of guardians for minor
children or of conservators for elderly widows, and similar activities.
County estate records should be investigated whether or not a will was
found. If a property owner died intestate the court oversaw distribution
of that property among the heirs. The resulting records often provide
names, address, and identify the property that each inherited. By
following the property in other records, each heir often can be firmly
attached to his or her parent.
Rules for distribution of intestate inheritances:
Colonial Period
The widow, was put in possession for life of one third of land, at her
death it returned to HIS Heir at law ; she also received one third of
personal property after the estates debts were paid
The oldest son was heir at law and inherited all the land under what
was called the rule of primogeniture. If there were no sons or issue
of sons, it went to the daughters as "joint tenants"(often called
coparceners or coheiresses) ; as joint tenants they could not divide it
and sell their portions independently; they could sell to each other or
together sell it to a third party. If no children, the land went to the
oldest brother, or to the sisters if no brother or male issue of a
deceased one. If no siblings, an heir (preferably male) was sought in
the family of the parent through whom the deceased had inherited the
land or through the fathers line if deceased had purchased it.
All the children, including the heir-in-law, inherited equal shares of
the personal property minus the widows one third. If a child was
already dead leaving issue, that childs children inherited their
parents share all together. If the deceased left no issue, the
p0ersonal property was divided between his widow and his father if
living; between his widow and siblings if the father was dead.
After 1784, legislature passed an inheritance law:
The widow, upon her petition, got a third of the land plus enough
provisions to support her and the minor children for a year. In the
personal-property division, she received the same portion a child did.
If slaves were part of her childs part she held them only for her
lifetime; at her death they returned to her husbands other heirs.
All the sons received the land, divided equally among them. If no sons,
it descended to the daughters as tenants in common (i.e., they could
divide it and each could sell her portion independently). If no
children, the land went to all brothers equally, and if no brothers, to
the sisters.
If any children were deceased at the time of division, that childs
portion of personal property was divided per stirpes as in the colonial
period.
CAUTION: Estate division will not necessarily name all descendants.
Children of the deceased by a wife not his widow (e.g., a deceased first
wife) would be represented in the division. The widows children by a
previous marriage, even though part of the household would not be
represented.
If the deceased had no children or issue of children, a third of the
personal estate went to the widow absolutely, even if that third
included slaves. The other two thirds went to deceased brothers and if
none to sisters and if none to the father (or mother if the father was
dead).
After 1795, when the law changed again:
All children, regardless of gender and birth order, inherited equal
portions of their deceased parents land and personal property. If no
children, the deceaseds siblings regardless of gender inherited
equally. Other provisions described above remained in place.
With the exception of the sections concerning slaves, the 1795 rules
were not substantially changed again until mid-twentieth century.
Notes from book.
North Carolina Research : Genealogy and Local History / Helen F. M.
Leary, ed. Raleigh : North Carolina Genealogical Society, 1996