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If mother was the sole owner of the property and was married at the time of her death, her spouse would inherit an interest in the property. Her children may also receive a share by law. The scheme for inheritance of intestate property varies from state to state. If mother died intestate (without a will) her estate must be probated in order for title to the real estate to pass to her heirs. You could check the laws of your state at the link in the related question below. If mother owned the property with her spouse as joint tenants with the right of survivorship or as tenants by the entirety then full ownership would automatically pass to her spouse. You can check her deed in the land records where she lived.

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Q: Do biological children have ownership of a house after their Mother dies and their Mothers name was on the Warranty Deed of the house?
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