New North Carolina Law Highlights Why Every Parent Needs a Will

In Recognition of Estate Planning Awareness Week

A recent change to North Carolina’s intestacy laws offers welcome relief to children born to unmarried fathers—but it also serves as a powerful reminder of why no one should rely on the state’s default inheritance rules. At Rountree Losee, LLP, our attorneys have helped families in Southeastern North Carolina navigate estate planning for over 125 years, and we’ve seen firsthand how the absence of a will can create unnecessary heartache and legal complications.

What Changed in North Carolina Law

Effective December 1, 2025, North Carolina reformed its intestacy laws through House Bill 992. Previously, when an unmarried father died without a will, his children could only inherit if paternity had been established through court proceedings, DNA testing, or a notarized affidavit filed with the clerk of superior court. That last requirement created a trap for many families. While most unmarried parents sign an affidavit of parentage to add the father’s name to the birth certificate, few knew they also needed to file it with the clerk of court to protect inheritance rights.

The new law eliminates this additional filing requirement. Now, if a father is listed on the child’s birth certificate, the child will be considered his heir and can inherit through intestate succession.

This change will prevent real injustices for children in unmarried families. However, it also underscores a critical truth: intestacy laws are a poor substitute for proper estate planning.

Why Intestacy Laws Aren’t Enough

When someone dies without a will in North Carolina, state law determines who inherits and in what proportions. These one-size-fits-all rules rarely align with a person’s actual wishes or family circumstances. Consider these limitations:

Intestacy laws don’t account for your relationships. The law applies rigid formulas based on legal relationships, not the emotional bonds you’ve built. A longtime partner who isn’t your legal spouse receives nothing. A stepchild you’ve raised since infancy has no inheritance rights unless formally adopted.

They can’t minimize taxes or protect assets. Intestate succession offers no opportunity to reduce estate taxes, protect assets from creditors, or preserve wealth for future generations. Strategic planning tools like trusts simply aren’t available.

They force your family into probate. Without a will, your estate must go through the full probate process in North Carolina. This means court supervision, public record of your assets, potential delays, and added expenses that careful planning could have avoided.

They create uncertainty and potential conflict. Even with the new reforms, technical questions remain about notice requirements and heir determination. These ambiguities can delay estate settlement and create disputes among family members during an already difficult time.

The Special Risks for Unmarried Couples

If you’re in a committed relationship but not legally married, intestacy laws pose particular risks. Under North Carolina law, an unmarried partner—no matter how long you’ve been together—has no inheritance rights whatsoever. If you die without a will, your partner receives nothing. Your assets pass to your children, parents, or other relatives according to statutory formulas.

For unmarried parents raising children together, this creates a double burden. Not only does your partner lose financial security, but your shared children may inherit assets while still minors, requiring court-supervised guardianship of the property. A properly drafted will and estate plan can ensure your partner is provided for and your children’s inheritance is managed according to your wishes.

What Proper Estate Planning Provides

At Rountree Losee, our attorneys work with clients throughout North Carolina, South Carolina, and Tennessee to create comprehensive estate plans tailored to their unique circumstances. A well-crafted estate plan offers benefits that intestacy laws simply cannot provide:

You choose your beneficiaries and decide who receives what, in what proportions, and under what conditions. You can provide for unmarried partners, stepchildren, charities, or anyone else important to you. You can create trusts to protect minor children’s inheritances until they reach an age when they’re ready to manage assets responsibly. You can minimize or avoid probate entirely through strategic use of trusts and beneficiary designations, saving your family time, money, and stress. You can also protect assets from potential creditors and reduce tax burdens through careful planning.

Perhaps most importantly, you provide clarity and peace of mind for your loved ones during a difficult time.

Take Action During Estate Planning Awareness Week

The reforms to North Carolina’s intestacy laws represent progress, but they also highlight the gaps and uncertainties inherent in dying without a will. Estate Planning Awareness Week serves as an annual reminder that none of us should leave our family’s future to chance or statutory formulas.

Whether you’re an unmarried parent, part of a blended family, a business owner, or simply someone who wants to ensure your wishes are honored, now is the time to create or update your estate plan. The attorneys at Rountree Losee provide thoughtful counsel on estate planning, trust administration, and estate administration throughout Southeastern North Carolina. We take the time to understand your family dynamics, your assets, and your goals, then craft a plan designed to protect what matters most to you.

Don’t let another Estate Planning Awareness Week pass without taking action. Contact Rountree Losee, LLP to schedule a consultation and gain the peace of mind that comes with a comprehensive estate plan.