Property Law
Probate
Deeds and Ownership

If your father inherited property without a will how can he be the owner of the property?

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October 24, 2016 2:41PM

When a person dies without a will, the decedent's property

passes to heirs at law according to the state laws of intestacy. An

estate that has real estate must be probated in order for title to

real estate to pass to the heirs legally. Therefore, it is

important to make certain the decedent's estate was probated and

that title to the real estate passed to your father

legally.

If your father was the only heir at law of his deceased parent

then his title to the property is established through the Probate

Court. If you have questions about the title to the property you

should discuss the situation with an attorney who specializes in

probate and real estate law. The attorney can make certain the

estate was properly probated and could draft a deed that can be

recorded in the land records to get the property into your father's

name.


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