Who Gets Custody of My Children If I Die Without a Will in North Carolina?

When a parent passes away intestate (without a will), a probate judge determines who should become the guardian of the minor children. The process can be emotional and legally complex.

🏛️ How Guardianship Is Determined Without a Will

If no other parent is alive or able to take custody, the court will consider:

• The best interests of the child

• The relationship between the child and potential guardians

• The guardian’s ability to provide a stable home

• Recommendations from relatives or other concerned parties

The court may appoint:

• A close relative (e.g., grandparent, sibling, aunt/uncle)

• A non-relative who has a significant relationship with the child

• A court-appointed guardian ad litem to represent the child’s interests in contested cases

⚠️ Why You Need a Will If You Have Children

By naming a legal guardian in your will, you:

• Take control over who raises your children

• Help avoid family disputes and court delays

• Give the court clear guidance on your wishes

Without a will, you lose that control, and your family could face uncertainty and emotional strain during an already difficult time.

✅ Protect Your Family With a Legally Valid Will

At King & Rowe, Attorneys at Law, we guide parents through the process of naming guardians and securing their children's future. Our Hickory-based attorneys help ensure your wishes are honored—now and for years to come.

📞 Call us today at 828.466.3858 or schedule a consultation with a local estate planning attorney to create a customized will.