2009 North Carolina Code
Chapter 29 - Intestate Succession.
§ 29-19. Succession by, through and from illegitimate children.

Article 6.

Illegitimate Children.

§ 29‑19.  Succession by, through and from illegitimate children.

(a)        For purposes of intestate succession, an illegitimate child shall be treated as if he were the legitimate child of his mother, so that he and his lineal descendants are entitled to take by, through and from his mother and his other maternal kindred, both descendants and collaterals, and they are entitled to take from him.

(b)        For purposes of intestate succession, an illegitimate child shall be entitled to take by, through and from:

(1)        Any person who has been finally adjudged to be the father of such child pursuant to the provisions of G.S. 49‑1 through 49‑9 or the provisions of G.S. 49‑14 through 49‑16;

(2)        Any person who has acknowledged himself during his own lifetime and the child's lifetime to be the father of such child in a written instrument executed or acknowledged before a certifying officer named in G.S. 52‑10(b) and filed during his own lifetime and the child's lifetime in the office of the clerk of superior court of the county where either he or the child resides.

Notwithstanding the above provisions, no person shall be entitled to take hereunder unless he has given written notice of the basis of his claim to the personal representative of the putative father within six months after the date of the first publication or posting of the general notice to creditors.

(c)        Any person described under subdivision (b)(1) or (2) above and his lineal and collateral kin shall be entitled to inherit by, through and from the illegitimate child.

(d)        Any person who acknowledges himself to be the father of an illegitimate child in his duly probated last will shall be deemed to have intended that such child be treated as expressly provided for in said will or, in the absence of any express provision, the same as a legitimate child. (1959, c. 879, s. 1; 1973, c. 1062, s. 1; 1975, c. 54, s. 1; 1977, c. 375, s. 6; c. 591; c. 757, s. 3.)