What it means
When someone dies without a valid will, state intestacy laws decide who inherits. Usually a surviving spouse comes first, then children, then parents, siblings and more distant relatives. The home may end up owned by several heirs at once, each with a share. Before any of them can sell, the estate generally needs a court-appointed administrator or another legal process that proves who the heirs are. This is why houses without a will often sit vacant for months.
Their mother died without a will, so her three children each inherited a one-third share of the house. The oldest was appointed administrator by the probate court, and all three agreed on a sale.
Why it matters to you
When a notice, a death in the family or a house you can't keep shows up, the words on the paperwork decide your deadlines and your choices. Understanding them early keeps more options — and more of your equity — on the table.
What to know and do
The order of heirs differs by state, especially for blended families and stepchildren.
If an heir has died, their share may pass to their own children.
Taxes, insurance and utilities still need paying while the estate is settled — agree early on who covers them.
Confirm there truly is no will.
List all possible heirs under your state's rules.
Open probate or use a small-estate process if eligible.
Get court authority before signing a sale contract.
- Typical probate timeline
- Several months to over a year
- Common first heir
- Surviving spouse
- Signatures needed to sell
- Administrator, and sometimes all heirs or court approval
Rules, deadlines and forms vary by state, county and the exact wording of your loan, court or tax documents. For decisions with legal or tax consequences, talk with a licensed attorney, tax professional or HUD-approved housing counselor. This is general information, not legal advice.
General information, not legal advice. Rules vary by state.
- Order several certified copies of the death certificate.
- Change the locks and keep insurance active on a vacant inherited home.
- 1Confirm there truly is no will.
- 2List all possible heirs under your state's rules.
- 3Open probate or use a small-estate process if eligible.
- 4Get court authority before signing a sale contract.
Assuming the child who lived with the parent automatically owns the house.
Tell us the address and what's going on. We pull the property facts, show you your options side by side — including ones that don't involve selling to us — and never pressure you to sign.
See every situation we help withQuestions about Intestate Succession
What is Intestate Succession in real estate investing?
The state-law order that decides who inherits a home when the owner dies without a will. When someone dies without a valid will, state intestacy laws decide who inherits. Usually a surviving spouse comes first, then children, then parents, siblings and more distant relatives. The home may end up owned by several heirs at once, each with a share. Before any of them can sell, the estate generally needs a court-appointed administrator or another legal process that proves who the heirs are. This is why houses without a will often sit vacant for months.
Why does Intestate Succession matter to investors?
When a notice, a death in the family or a house you can't keep shows up, the words on the paperwork decide your deadlines and your choices. Understanding them early keeps more options — and more of your equity — on the table.
What's the most common mistake with Intestate Succession?
Assuming the child who lived with the parent automatically owns the house.
Are there legal risks with Intestate Succession?
Rules, deadlines and forms vary by state, county and the exact wording of your loan, court or tax documents. For decisions with legal or tax consequences, talk with a licensed attorney, tax professional or HUD-approved housing counselor. This is general information, not legal advice.
Who inherits if there's no will?
State law sets the order, typically spouse, then children.
Can one heir sell the house?
Generally not alone; an administrator or all owners usually need to act.
Do we have to go through probate?
Often, unless a small-estate or other shortcut applies.
Can a house in probate be sold as-is?
Yes, with proper authority.
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