In the case of a man dying intestate, what happens to his separate property?

When a man dies intestate, which means he has not left a valid will, the distribution of his separate property is governed by state intestacy laws. In North Carolina, if a man dies intestate and is survived by a wife and children, the law typically provides for specific shares of his estate.

In this scenario, the wife is entitled to one-third of the separate property, while the remaining two-thirds are divided among his children. This distribution reflects the legal intention to support the surviving spouse while also recognizing the rights of his offspring.

This framework is designed to ensure that both the spouse and children receive a fair share of the deceased's estate. The equal partnership of the spouse and children in the inheritance rights prevents any one party from being entirely excluded at the expense of another, supporting a balance of family interests. This understanding is crucial for both the management of estate planning and navigating the probate process in instances where an individual dies without a will.