Search for content in message boards

What happed to property if owner died intestate (no will)?

Replies: 2

Re: What happed to property if owner died intestate (no will)?

Posted: 26 Nov 2012 9:45AM GMT
Classification: Query
Heirs inherit only what is left after obligations of the deceased are satisfied.

The first order of business in settling an estate is to satisfy
outstanding debts along with collecting amounts due the estate. If cash on hand is not sufficient, then personal property (slaves, furniture, clothing, crops, tools, livestock, etc.) are sold first. If proceeds from sale of personal property are insufficient, the next resort is to sell the land.

Our folks lived in a cash-poor society, and they operated by credit and barter. It was not at all unusual for a deceased person's estate to be hit with unpaid debts accumulated over a span of years.

Before 1868 in North Carolina, estates were probated in the county court of pleas and quarter sessions. After that court was discontinued in 1868, estates were probated in the county superior court.

If your person's estate file survived, it may be available available online at FamilySearch.org. If you are dealing with Catawba County, some of the court's loose papers were damaged during the Civil War, and many were simply discarded by courthouse staff. Sometimes in Catawba County, the only references to an estate probate appear in county court minutes and in the Clerk of Court's bound volumes of estate proceedings. There is an index to those bound volumes for the years 1843-1885.

Sometimes deeds are not executed among heirs (or whomever) for years after the person died. The same applies to registration of deeds. So, don't overlook deeds outside the time frame of the person's death.

Let me know if this helps.

Kathy
SubjectAuthorDate Posted
chantae46 26 Nov 2012 3:53PM GMT 
KathyGunterSu... 26 Nov 2012 4:45PM GMT 
chantae46 10 Dec 2012 2:39PM GMT 
per page

Find a board about a specific topic

  • Visit our other sites:

© 1997-2014 Ancestry.com | Corporate Information | New Privacy | New Terms and Conditions