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Generally, the niece and nephew would be the heirs at law under the laws of intestacy. You can check your state laws at the related question link below.

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Q: In North Carolina if deceased has no will and the only living family is a sister-in-law a niece and a nephew how would the estate and deceased property be handled?
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How do you sell a car from a deceased relative?

An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.


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