What Is Intestate Succession in Real Estate?

Intestate succession is the legal process that determines who inherits real estate when a person dies without a valid will. Each state has statutes that specify which relatives are entitled to the property and in what order they receive it.

Intestate Succession: Simple Definition

Intestate succession is the default inheritance system used by the state when someone dies without a will. Real estate passes to heirs based on statutory priority—typically starting with spouses and children—rather than according to personal wishes.

Why Intestate Succession Matters in Real Estate

Understanding intestate succession is important because it affects:

  • Who legally inherits property when no will exists.
  • How property is transferred during probate.
  • Family rights in blended families and marriages.
  • Ownership disputes among siblings or extended relatives.
  • Real estate sales involving inherited homes or land.

How Intestate Succession Works

While every state has its own laws, most intestate succession systems distribute real estate in this general order:

  • Spouse and children inherit first, often sharing the estate.
  • If no children exist, the spouse may inherit everything.
  • If no spouse exists, children inherit the property.
  • If no spouse or children exist, the estate passes to parents, siblings, or extended relatives.
  • If absolutely no heirs are found, the property may escheat to the state.

How Intestate Property Transfers Title

Real estate inherited through intestate succession must go through probate, where the court:

  • Identifies legal heirs
  • Appoints a personal representative
  • Ensures debts and taxes are settled
  • Transfers title to heirs or authorizes a sale

The court-issued documents (such as an order of distribution) allow heirs to record their ownership.

Does Intestate Succession Avoid Probate?

No — intestate estates always require probate. Without a will, the court must determine who inherits the property, which can extend timelines and increase legal expenses.

Even when heirs agree, the court still oversees the transfer of title.

Intestate Succession vs. Other Transfer Methods

Intestate succession differs from other real estate inheritance methods:

  • Will: Property passes according to instructions left by the deceased.
  • Trust: Property bypasses probate and transfers privately to beneficiaries.
  • Transfer-on-Death Deed: Real estate transfers automatically to a named beneficiary.
  • Joint Tenancy: The surviving co-owner receives the property instantly through survivorship rights.

Intestate succession offers no control over who receives the property.

Inheriting Property Through Intestate Succession?

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