Dying intestate means someone died without having a valid will in place. Instead of the deceased's own instructions determining who receives their property, state “intestacy laws” establish a default order of inheritance. That order usually begins with a spouse and children, then extends to parents, siblings, and more distant relatives if no closer family exists.

Real estate owned solely in the deceased's name is one of the assets affected by intestacy laws. Without a will naming an executor or specifying who inherits the house, a probate court appoints an administrator to manage the estate and oversee the property's transfer according to the state.

• Intestate: Having died without a valid will.
• Intestate succession: The state law process that determines who inherits property when there's no will.
• Administrator: The person appointed by the probate court to manage an intestate estate, similar to an executor.
• Letters of Administration: The court document proving the administrator's legal authority to act for the estate.
• Heir: A person entitled to inherit under state intestacy law, as opposed to a beneficiary, who is named in a will.

Every state has its own intestate succession rules, but most follow a similar structure.

• A surviving spouse typically inherits some or all of a property
• The deceased’s spouse may share the property with their children, depending on the state and whether the children are also the spouse's children
• If there's no surviving spouse, children generally inherit the property in equal shares If the deceased had no spouse or children, the property usually passes to parents, then siblings, and progressively more distant relatives if none of those closer relationships exist. Because these rules vary meaningfully by state, and some states treat property acquired during a marriage differently than property owned before it, confirming the exact order for your state with a probate attorney is worth the time before assuming who's entitled to what.

Once a court identifies the rightful heirs and appoints an administrator, the process for transferring the house closely mirrors what happens when the deceased died having a valid will. The administrator obtains Letters of Administration establishing their authority to act in the interest of the estate. The administrator then signs an “administrator's deed” to transfer the property to heirs, or if the property is being sold to settle estate debts, to a buyer.

This administrator's deed functions the same way an executor's deed does: it's signed by the fiduciary rather than the property owner, conveys the property without personal warranties from the administrator, and gets recorded with the county to make the new ownership official.

Not every property goes through intestate succession, even if the deceased died without a will. For example, property “owned jointly with rights of survivorship” automatically passes outside of probate to the surviving co-owner. The same is generally true for property held as “tenants” by the entirety between spouses in states that recognize that ownership type.

Additionally, if the deceased had named a transfer-on-death beneficiary for the property, an option available in some states, that designation also overrides intestate succession for that asset.

Lastly, property held in a living trust also bypasses intestate succession because the trust, rather than state law, controls how it's distributed.

1. Confirm no valid will exists: A thorough search of the deceased's records and, in some states, a formal court process is required to establish this.
2. Petition the probate court to open an intestate estate: A family member typically files this petition, often a spouse, adult child, or other close relative.
3. The court appoints an administrator: This is often the same close relative who filed the petition, though the court has discretion over who serves.
4. Identify heirs under state intestacy law: The administrator or attorney determines who is legally entitled to inherit based on the state's succession order.
5. Settle the estate's debts: Outstanding mortgage balances, taxes, and other claims against the estate are typically resolved before property transfers.
6. Sign and record the administrator's deed: This legally transfers the property to the heirs or to a buyer if the property is being sold.

• [ ] Confirmed no valid will exists
• [ ] Filed a petition to open an intestate estate
• [ ] Obtained Letters of Administration
• [ ] Identified heirs under state intestacy law
• [ ] Ruled out property that passes outside probate (joint tenancy, trusts, TOD designations)
• [ ] Settled outstanding debts tied to the property
• [ ] Signed and recorded the administrator's deed

Intestate estates tend to see more family disputes than estates left to heirs from a will, simply because there's no document expressing what the deceased actually wanted. Multiple heirs inheriting a house in equal shares may disagree about whether to sell it, rent it out, or have one heir buy out the others. If heirs can't reach an agreement, any one of them can generally petition the court for a partition action, which can result in a court-ordered sale of the property.

Disputes may also arise over who should serve as administrator, especially in blended families or those in which relationships between surviving relatives are strained. The court has the final say, but heirs can formally object to a proposed administrator if they have legitimate concerns.

Confirm the intestacy order for your specific state early. Assumptions about who inherits, especially when stepchildren, unmarried partners, or half-siblings are involved, can be wrong and create conflict later.

Document your search for a will thoroughly. Courts may require proof that a diligent search was conducted before proceeding with an intestate estate.

Notify all potential heirs as early as possible. Surprises about inheritance shares are one of the most common sources of family conflict during intestate administration.

Does a surviving spouse automatically inherit the entire house? Not always. Depending on the state, children from the marriage or from a previous relationship may also be entitled to a share, especially if the property isn't jointly owned.

Can unmarried partners inherit under intestate succession? Generally no. Most states' intestacy laws only recognize legal spouses and blood or adoptive relatives, so unmarried partners typically don't inherit unless they were named on the title or a will existed.

Is an administrator's deed different from an executor's deed? They serve the same function and offer similar protections. The distinction is procedural: an executor's deed comes from a will-based appointment, while an administrator's deed comes from a court appointment under intestacy law.

How long does intestate probate typically take? It varies by state and estate complexity, but intestate estates often take longer than estates with a will, since the court may need additional time to identify and verify all legal heirs.

Can heirs sell their share of the house before the estate closes? Generally not until the administrator's deed has transferred the property into the heirs' names. After that, an individual heir can typically sell or transfer their share independently.

Dying without a will doesn't mean a house goes unclaimed. State intestacy law determines who inherits the property, and a court-appointed administrator handles the transfer much like an executor would. Confirming your state's intestacy rules and getting a probate attorney involved early can help avoid disputes and keep the property transfer on track.

Intestate estates come with extra legal steps and a higher chance of family disagreement.

An estate attorney, probate attorney or real estate attorney can can walk you through your state's intestacy rules and the administrator's deed process.

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