with Scott Donaldson
Dying without a will in North Carolina doesn’t mean your house goes to the state, and it doesn’t mean it automatically goes to your spouse either. It means the state has a formula, that formula runs whether your family likes it or not, and your house is the biggest thing it touches. In Episode 011, estate attorney Scott Donaldson of Cline Donaldson walked me through what actually happens — and I was not prepared.
Let’s start with a question that Scott Donaldson of Cline Donaldson dropped on us at the top of Episode 011 — and honestly, it stopped me in my tracks: “If something happened to you tomorrow, what happens to your home? Not what do you think happens. What actually happens?”
I’ll be the first to admit — I’ve been dragging my feet on this, and I’m a Realtor! So if you’re in the same boat, no judgment here. But after this conversation with Scott, I’m calling his office. And I think you should too.
Hey friend — I’m Tabetha (Tabi) Klein, aka theILMrealtor. I help people buy and sell homes in Wilmington, North Carolina (and all over New Hanover, Brunswick, and Pender). This is part one of our three-part series with Cline Donaldson.
Watch or listen: YouTube · Spotify · makingilmhome.com · @theILMrealtor
In this episode
If something happened to you tomorrow, what happens to your home? Not what do you think happens. What actually happens?
Scott Donaldson, estate attorney, Cline Donaldson
So what even IS estate planning?
At its most basic, estate planning is making sure everything you’ve worked hard for — your home, your car, your Barry Bonds rookie card (Scott’s words, not mine) — actually goes to the people or causes you want when you’re no longer here. Your home is probably one of the biggest assets you own. Without a plan, you don’t get to decide what happens to it; North Carolina’s intestate succession statutes do. And those statutes don’t care about your best friend, your favorite charity, or your church.
Dying without a will in North Carolina: the assumption that costs families everything
Here’s the one that got me. A lot of us assume: if I die, it all goes to my spouse. Done. But that’s not necessarily true — especially if the home is only in one spouse’s name. If you don’t have estate planning in place and there are children involved, a percentage of that property may go to the children, not your spouse. Depending on the situation, your spouse could even end up co-owning a home with their own mother-in-law.
What is probate, and why does it feel like house purgatory?
Probate is the court-supervised process of sorting out someone’s estate after they pass — and it takes an average of about 20 months. That means your loved ones could be waiting nearly two years before they get access to funds, all while being responsible for mortgage payments, utilities, HOA fees, and property taxes on a home they technically own but can’t do much with yet. The good news? Proper estate planning can help you avoid or move through this much faster. Living trusts, survivorship deeds, and life estate deeds are tools that can help assets pass outside of the courthouse entirely.
Who actually needs estate planning? (Hint: it’s you.)
Scott said something worth remembering: the people who benefit MOST from estate planning are often people of more limited means. If your heirs can’t afford to carry the costs of that house during probate, you could end up in a tax foreclosure — or Medicaid estate recovery could step in. And the “only old people need this” myth? Scott spent years in law enforcement watching young, healthy officers skip their free estate-planning benefits because they thought they were bulletproof. Don’t be that person.
A few facts Scott dropped that I wasn’t ready for
- North Carolina could literally inherit your property (it’s called escheat) if you die without legal heirs and no estate plan.
- Until December 2025, children born outside of marriage weren’t automatically considered legal heirs in NC unless there was a formal legitimation at the courthouse.
- You can write a handwritten (holographic) will at home and it can be legally valid in NC — as long as it’s fully in your handwriting, signed, dated, and later verified by three people who can confirm your handwriting.
My biggest takeaway
Death is hard. Divorce is hard. We don’t need to add who gets what to the grief. If you have a plan, the plan speaks for itself. If you don’t, the state of North Carolina decides for you. As Scott put it: “Everything you put in place today can be changed tomorrow. Let’s get some peace of mind.”
Where to read the actual rules
I’m a REALTOR®, not an attorney, so I’d rather point you at primary sources than paraphrase them. North Carolina’s formula for who inherits when there’s no will lives in Chapter 29 of the North Carolina General Statutes, the Intestate Succession Act. For what the process looks like in practice — filing with the clerk, what an administrator does, what qualifies for a simpler path — the North Carolina Judicial Branch’s guide to administering an estate is the official plain-language version.
Read either one and the case for spending an afternoon with an attorney makes itself.
What to actually do this month
- Find out how your house is currently titled. Not how you think it’s titled — pull the deed and look. This is free and it takes ten minutes.
- Check your beneficiary designations. Retirement accounts and life insurance pass by designation regardless of what a will says. An ex-spouse on an old form is a real and common problem.
- If you moved here from another state, have your existing documents reviewed under North Carolina law rather than assuming they carry over cleanly.
- If you own property with siblings or extended family, deal with it now. Episode 013 on heirs property in North Carolina shows exactly how that unravels across generations.
- Protect the deed itself. Episode 008 on owner’s title insurance covers the backstop most owners don’t realize they have — or don’t have.
Questions about wills and your house
Who inherits my house if I die without a will in North Carolina?
North Carolina has a statutory formula — the Intestate Succession Act — and it runs whether your family agrees with it or not. The split depends on who survives you.
Does my spouse automatically get the house?
Not necessarily, and this is the assumption that causes the most damage. Depending on who else survives you and how the property is titled, your spouse may share ownership with others.
What is probate?
The court-supervised process of settling an estate and transferring what the deceased owned. How the house is titled is a major factor in how painful that process is.
About our guest: Scott Donaldson (Cline Donaldson)
Scott Donaldson is an attorney with Cline Donaldson PLLC in Wilmington, where the firm handles real estate, estate planning, and litigation. He returns with his law partner Jason Cline for Episode 013, the final part of this three-part series.
Website: clinedonaldson.com
Buying or selling a home in Wilmington?
I can’t write your will, but I can make sure the way you take title on your next house actually matches what you want to happen — and I can point you to people who handle the rest well. Call or text 910-983-8963, or start with my guide to buying a home in Wilmington, NC.
Tabetha Klein, REALTOR® | Coldwell Banker Sea Coast Advantage | 910-983-8963 | makingilmhome.com | @theILMrealtor
This episode is for general education and local insight, not legal or tax advice. Estate law is fact-specific and outcomes depend on your individual circumstances — always consult a licensed North Carolina attorney about your own situation. Guest appearances are editorial and are not paid endorsements. Coldwell Banker Sea Coast Advantage. Each office is independently owned and operated. Equal Housing Opportunity.