Of the numerous clients we help, one that occurs often is assisting a person who inherited a home without a will. While we’ve discussed inheritance issues before, it seems appropriate to walk you through the steps of inheriting a house without a will.
Who Takes the Lead?
When no will is present, there is no one named the executor. The state then requires all people who are eligible to be listed as an option. If probate court is necessary, someone will be chosen during that time. In most cases, the spouse or domestic partner is the best option. Following them would be an adult child. If neither of those is available, it would be a close family member.
Who Gets Property?
Each state has their own laws regarding the remaining property. Inheriting a house without a will might leave a home unclaimed. Typically, only a spouse, domestic partner or blood relative is going to be able to claim this property. Unmarried partners, charities and friends receive nothing.
The spouse is going to receive the most significant share. If no children are alive, the spouse also receives all the property. If there is no spouse or children, then distant relatives can claim the inheritance. Otherwise, the state takes all the assets.
There are some rules concerning the intestate succession. For example, if somebody caused the death, they aren’t allowed to profit from it. In addition, if a parent abandoned their child and then that child dies, the parent has no rights to anything.
Each estate is distributed in accordance with the state rules. These are referred to as the rules of intestacy. That’s the technical name for passing away without a will.
If you think you might be inheriting a house without a will, you might want to check into these local laws.
Rules of Intestate Succession for Washington, D.C
Rules of Intestate Succession for Maryland
Spouse’s Rights
If the person’s spouse is alive, their assets fall into two categories: either the Separate Property or the Community Property.
Separate Property
This is the property owned prior to the marriage. It includes any gifts that the deceased got during their marriage or received as part of an inheritance. Here’s how it gets divided:
If the spouse is married with no children, they are entitled to every part of the separate property. When the deceased parents are still alive, the spouse only receives half of the property while the remainder goes to the parents. If both a spouse and children are left behind, then the spouse gets a third of the personal property and the life estate.
Community Property
The community property is what was acquired during the marriage. That’s what makes it shared. Here’s how this gets divided:
The spouse receives all the community property if there aren’t any children with other partners. If the children are from a previous partner, then half of the community property goes to the children while the other half goes to the spouse.
What if the Heir is Dead?
It goes without saying that someone who is deceased cannot earn an inheritance. If that person was a child of the deceased, their portion could be given to their offspring. Many states allow children to receive the deceased parent’s portion of the inheritance. This is called the right of representation, but figuring out the particulars is tricky. This is a sticky situation that requires a good amount of navigation and counsel.
Are There Any Requirements?
Some states require that the heir live longer than the person who is deceased. This might be five days where other states say it’s any period of time. In addition, there are some that follow the Uniform Simultaneous Death Act that states, each individual is treated as if they survived one another. It’s crucial that you understand the laws of your state.
Inheriting a House Without a Will – Your Next Steps
Now that we’ve reviewed the basics of inheriting a house without a will, it’s vital that we talk about what to do next. First, read our article about inheriting property.
Your next step is to prepare an affidavit providing your heirship. This affidavit testifies that you are the rightful heir to the deceased’s property. You must include the family history, marital status, genealogy and identify other deceased heirs. The title company requires that you sign the affidavit plus have two witnesses and the notary present.
Next, you must prepare the deed. That requires the transfer of the title to the property heir. Once that is accomplished, both the affidavit and deed need to be filed with your county. Then, you are free to sell the property.
We know this sounds overwhelming, but we’ve navigated this situation countless times before. Allow us to help you figure out each step so you can get back to living your life. Leave all the details of the transactions to us and you can collect the check. Just call us at (800) 818-4145 today to get to the other side quickly.
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