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Parent died without a will. What happens to the house?

CAdeepwater1 month ago

Dad died with no will, leaving a paid-off house. Two siblings and me. Now what?

1 reply

✓ Verified answer from a licensed attorney — shown first

Eleanor Bryant avatarEleanor BryantVerified Attorney1 month ago

Intestate succession applies — every state has its own statute distributing the estate when there's no will. With three surviving children and no spouse, you'd typically split equally. To transfer real estate you'll need formal probate (the small-estate affidavit doesn't work for real property in most states). One sibling files a petition to be appointed administrator, the court issues Letters of Administration, the administrator deals with debts/taxes/creditors, and the house is then transferred or sold per the statute. Strongly recommend probate counsel for this — DIY probate of real estate goes wrong often, and title companies are picky about clean probate paperwork. Budget $4-10k in attorney fees + court costs.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.