Want this question answered?
If a person dies intestate owning real estate an administration of the estate must be filed in order to vest title to the real estate in the heirs. Until that is done, the heirs don't legally own the property and it cannot be sold or mortgaged.
Then you are intestate, and your estate will be handled in accordance with applicable intestacy laws.
The estate of someone who dies without a will (intestate) doesn't necessarily pass to the government. It passes to their heirs at law under the state laws of intestacy. You can check the laws in your state at the related question link below.When a person dies intestate with no known heirs at law their estate escheats to the state since that way, it benefits everyone. The state doesn't want to take the estate from anyone who is entitled. Therefore if an unknown heir comes forward eventually, who can prove their relationship to the decedent, the state will turn the remaining assets over to that heir.
All states have a law known as the statute of descent and distribution. When a person dies intestate(with no will), their real estate, personal property and money go to their heirs according to this statute. In other words, the state makes a will for anyone who did not do so. A person who dies testate has a will stating to whom they wish their estate to go. But, before the heirs can take possession of all or any part of the decedent's (the deceased) property, the estate must be probated, and all claims against it must be met.
When a person dies without a will, their property is typically distributed according to the laws of intestacy in the state or country where they lived. These laws determine how assets are divided among surviving family members, such as spouses, children, parents, or siblings. The specific distribution will depend on the individual's family situation at the time of their death.
When a person dies intestate (without a will) and they have no spouse or children, their parents are generally the legal heirs at law. If they left a spouse or children, the parents are generally not heirs. You can check your state laws at the related question link below.
Plaintiff's intestate refers to a situation in a lawsuit where the plaintiff has passed away without leaving a valid will or estate plan to specify how their assets and affairs should be handled. In such cases, the court may appoint a representative to manage the deceased person's estate and pursue the legal claim on their behalf.
Without having made a valid will; without a will; as, to die intestate., Not devised or bequeathed; not disposed of by will; as, an intestate estate., A person who dies without making a valid will.
You need to speak with the attorney who is handling the estate. There are many variables in your situation that must be reviewed by an attorney.The court would need to appoint a new executor. The timing of the death of the beneficiary would dictate where the property will go. If the named beneficiary died prior to the testator then the property will remain in the testator's estate and be distributed as intestate property to the heirs-at-law of the testator. If the beneficary died after the testator died then the property is in the beneficiary's estate. That estate would need to be probated and any intestate property would 'escheat' to the state if there are no heirs-at-law. If the beneficiary has a will, the property would pass according to the will once it has been probated.You can check the laws of intestacy for your state at the related question link provided below.
It depends on local law, but in general if someone dies without a will and with no heirs, the estate devolves to the state.
When the last surviving joint tenant dies the property passes to the heirs-at-law of that person if she died intestate or to her named devisees if she had a will. The last surviving joint tenant is the sole owner of the property. In order for legal title to pass to the heirs or devisees the estate must be probated.
Any one with an interest in the estate. Even a debtor can file to have an estate opened.