Detailed Answer
Note: you asked about North Carolina, but this article answers under New Jersey law. This is general information only and not legal advice—see the disclaimer at the end.
If your mother died without a will (intestate) and you believe you are entitled to a share of her estate in New Jersey, the basic path is: identify heirs and assets, open an estate administration (or use a small‑estate procedure if eligible), obtain authorization from the Surrogate’s Court to collect and distribute assets, satisfy valid debts and taxes, then receive your share according to New Jersey’s intestacy rules.
1. Confirm jurisdiction and where to start
- The county Surrogate’s Court where your mother was domiciled (lived) handles probate and estate administration in New Jersey. For general Surrogate information, see the New Jersey Courts Surrogates page: https://www.njcourts.gov/courts/surrogates.html.
- If your mother lived outside New Jersey at death but owned property in New Jersey, a New Jersey ancillary probate or ancillary administration may be required for the NJ assets.
2. Gather documents and identify assets and heirs
- Collect the death certificate(s), your mother’s identification, account statements, deeds, titles, policy numbers for life insurance/retirement accounts, recent bills, and any records of transfers.
- List potential heirs (spouse, children, grandchildren, parents, siblings, etc.). Intestate succession rules determine who inherits. See New Jersey intestacy statutes (N.J.S.A. 3B:5‑1 et seq.) for the priority of heirs: https://www.njleg.state.nj.us/lawsstatutes/ (search for N.J.S.A. 3B:5‑1 and following sections for the detailed rules).
3. Determine whether a small/summary estate procedure is available
New Jersey has simplified procedures for small estates and for transferring certain personal property without formal administration. If the estate’s non‑exempt personal property is small, you may be able to collect it by affidavit or a summary process rather than a full administration. Check the Surrogate’s office or the NJ Courts self‑help pages for small‑estate options and eligibility requirements: https://www.njcourts.gov/selfhelp/willsestateprobate.html.
4. Open an administration if needed
- If a full administration is required, an interested person (an heir, creditor, or other interested party) files a petition with the county Surrogate to be appointed as administrator (the court issues “letters of administration”).
- The appointed administrator has authority to collect assets, pay valid debts and taxes, and distribute the balance to heirs under the intestacy law.
- If heirs agree, the proceeding can be straightforward; if there are disputes about heirs, funds, or creditor claims, the court may need to resolve issues before distribution.
5. Prove your relationship and claim your share
- To claim your share you will typically need to show proof of your relationship to the decedent (e.g., your birth certificate showing your mother as parent), identity documents, and that you are an heir under intestacy rules.
- If you are named as administrator, you may be the person who actually receives and distributes assets. If someone else is appointed administrator, you can present your claim to the administrator and, if appropriate, request distribution according to intestacy rules.
- If an asset has a designated beneficiary (for example, a life insurance policy or retirement account), that asset usually passes to the beneficiary outside probate and is not distributed by intestacy.
6. Creditor claims, taxes, and final distribution
- The administrator must identify and notify creditors and pay valid claims. Only after debts, administrative expenses, and taxes are paid (or proper reserves are set) can the estate be distributed to heirs.
- Keep careful records and obtain receipts or releases when distributions are made to protect against later claims.
7. What if someone refuses to give you your share?
- If an administrator or another heir refuses to recognize your claim, you can ask the Surrogate’s office for information about the estate file and, if necessary, file a formal petition in Surrogate’s Court to compel an accounting or distribution.
- When family disputes, suspected mismanagement, or complex tax/asset issues arise, consider consulting an attorney experienced in New Jersey probate and intestate succession.
Key legal authority: New Jersey’s intestacy rules are in the statutes under Title 3B (Estates). For the statutory framework on who inherits when there is no will, see N.J.S.A. 3B:5‑1 and the surrounding sections: https://www.njleg.state.nj.us/lawsstatutes/. For court procedures and forms, consult your county Surrogate’s Office or the New Jersey Courts self‑help pages: https://www.njcourts.gov/courts/surrogates.html and https://www.njcourts.gov/selfhelp/willsestateprobate.html.
Helpful Hints
- Start by ordering several certified copies of the death certificate—most institutions will require them.
- Create a central inventory of assets and whether they have beneficiary designations (retirement accounts, life insurance, payable‑on‑death banks accounts, jointly‑held property).
- Contact the county Surrogate’s office early—many Surrogates publish step‑by‑step checklists and required forms for opening an estate.
- Gather proof of relationship now (birth certificates, marriage certificates) so you can prove heirship quickly if needed.
- If the estate appears small or there are only a few assets, ask the Surrogate about affidavit or summary procedures that save time and expense.
- Keep detailed receipts and a log of communications with banks, insurance companies, and other institutions.
- If more than simple paperwork is involved (disputes, unclear title, potential fraud, complex assets), consult an attorney. An attorney can also explain timelines, bonds, and duties of an administrator under New Jersey law.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every case turns on its facts. For advice about your specific situation, contact a licensed New Jersey attorney or your county Surrogate’s Office.