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When a person dies intestate then the probate laws of the state where the person lived takes precedence in the distribution of property and other assets, In addition, all debts of the deceased must be paid out of the estate according to their priority. Contacting the clerk of the probate court in the city or county where the deceased resided will help obtain more specific information. Usually it will be auctioned by the local government. -DJ Craig

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18y ago
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17y ago

The estate of a person who dies intestate (without a will) is handled in accordance to the state's probate laws pertaining to the payment of debts and the exemption and distribution of assets by prescribed succession.

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9y ago

If a homeowner dies with no next of kin, the property would go to whoever was named as beneficiary in the will. In the event that there is no will and no next of kin, the property would revert to the state.

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15y ago

If you have a will, it goes to your heirs as directed. If you do not have a will, like all of your property, it goes to your closest living relative: spouse, children (by stirpes), grandchild, siblings, nieces, nephews, parents, grandparents. If there is a dispute, a court will decide.

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12y ago

The estate must be probated in order for title to pass to the heirs legally. The property will pass to the intestate heirs of the decedent according to the state laws of intestacy. You can check the laws in your state at the related question link.

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11y ago

Even if there are no children, the authorities will make a diligent effort to determine if there are ANY living relatives at all regardless of their relationship (Aunts - Uncles - Nieces - Nephews - Cousins - etc - etc), and the property will be turned over to them after any and all taxes and expenses are liquidated.

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The property will pass to heirs at law under the state laws of intestacy. You can check the laws in your state at the related link. The state does not usually take the initiative at the beginning. Some interested party (a relative or creditor) can petition to be appointed the administrator of the estate. The state can come into the picture after the property has been abandoned for a long period and the taxes are not being paid. If no relative comes forward to commence a probating of the estate the city can also take the property for non-payment of property taxes, perfect its title through a court decree and sell the property to a new owner.

In cases where it is readily known the decedent has no heirs the property escheats to the state.

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8y ago

When the death of a person is shown that there is no will, then a probate court may decide how to dispose of the deceased property. The state probate representative in such cases will make diligent efforts to ascertain there indeed is no will or no relatives. In many cases the state will hold the assets in some kind of escrow account for a given amount of time. If no one makes a claim on the property then the estate is liquidated and the funds become property of the state.

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8y ago

That depends on whether or not you have written a will. If you have a will, then your executor (the person charged with carrying out the terms of your will) should follow the terms of your will and whoever you wanted to get your house, will get your house.

If you do not have a will, then the term is "intestate"; your property will be divided among your heirs (your family) in accordance with the laws of your state (or, outside the USA, your country).

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8y ago

That is your decision depending on how you choose to dispose of it. You should make an appointment with an attorney who specializes in probate and estate planning to discuss your options. If you don't take some action your property will be distributed among your legal heirs according to the laws in your jurisdiction.

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10y ago

The laws of intestacy for the jurisdiction will be applied. In most cases that will mean selling the property and resolving the mortgage.

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Q: What happens to someones house when they die having left no will nor heirs?
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