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If your father died and the property was in his name alone then his estate must be probated in order for title to the real estate to pass to his heirs. If he had a will, the property will pass according to the provisions in the will. If he died intestate, or without a will, his property will pass according to your state laws of intestacy. In some states the surviving spouse receives all the property. In other states, the property is shared by the surviving spouse and children.

You can check your state laws of intestacy at the related question link below. However, you should seek the advice of an attorney who specializes in probate who can review your situation and provide the necessary legal advice.

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16y ago

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