If a couple died without a Will, what happens to their properties?

Question

If my parents died without a Will, what happens to their properties? They have 7 children.

Erven Nelson · Answer

Even split among the 7 children.

Edward Armstrong · Answer

If your parents died without wills the seven children are heirs at law.  If they died at the same time under circumstances that rendered impossible to tell which of them died first each will be presumed to have survived the other.  So it may be necessary to open two probate estates assuming not more than a year has gone by since death - i.e. you only have one year from the date of a person's death top open an estate. If no estates have been opened in the one year period you will need to have a determination of heir ship to clear title in favor of the siblings.

Douglas Tull · Answer

The state's intestacy laws dictate who gets what (most likely equal shares for all children).

Victor Waid · Answer

If one spouse dies first, then the surviving spouse receives the property assuming the property is held in joint tenancy or community property title. If the second spouse dies, and has not transferred the property to anyone else, then the children receive the property in equal shares. Advise you obtain probate counsel if booth spouses have died.

Brian Haggerty · Answer

Potentially two probates are needed; if all seven children are children of the same two parents, and there are no step-children or children of other relationships, then for the first of your parents to die, all passes to the survivor. Then, when the survivor passes, all passes equally to the seven kids.

Vicki S. Vasser · Answer

If someone dies without a will, the laws of intestacy of the state in which the decedent resides will govern how properties are distributed.  Laws of intestacy vary from state to state.  You should seek counsel of licensed attorney who handles probate law in the state where your parents died.

James Frederick · Answer

The property would be equally divided by the 7 children.

Susan Wideman · Answer

Assets that have beneficiaries or co-owners on them will go to those individuals.  Assets that are still in the parents name alone, will need to go to Probate.  The laws of the State of Michigan will determine who gets the assets of the estate.

Frances Headley · Answer

Without a will the property will most likely go the heirs of the last to die.  That will be natural and adopted children.  You should consult a probate attorney to review  all of the facts and advise you.

Shadi Ala'i AlaiShaffer · Answer

Their estate/properties all have to be administered through the Probate Court. Contact an estate attorney to assist you and your siblings.

Rick Lee Denker · Answer

If your parents are both deceased, the properties they owned would be distributed according to their Will.  If they did not have a will, the property will be distributed to heir heirs by the intestate succession laws of state they were living in at the time of their death, or the state the properties are located in.  Normally, that would be to their children in equal shares.

Thomas Edward Gates · Answer

The estate would revert to the 7 children in equal shares.  If there is real property involved or the estate is larger than $100,000, the estate must be probated (WA requirement).

James Oberholtzer · Answer

After payment of their debts, the property is split among the children.  If they are all natural children of both of them, the property is split equally among them.  This does not include jointly owned property with a third party or other property with a beneficiary designation like life insurance and retirement plans.

Edwin K. Niles · Answer

If all their property is community property, or is held as joint tenants, the property would go to the survivor of them upon the first death.  When the second of them dies, their property would go to the children equally, unless the surviving parent has placed any of the property in joint names with someone else, or has made some other disposition.

James Maguire · Answer

Their assets would go to the children in equal portions.

Roy Weddleton · Answer

It goes equally to the children

Norman Green · Answer

The children take equally.

Randy Lish · Answer

The property would be divided among the 7 children in equal shares, after paying off any debts.

Christine James · Answer

Their 7 children will share in the property.

Kenneth Gold · Answer

Unless other names are on the assets, they will have to go through probate before going to the kids.

Richard Keyes · Answer

If a couple dies without wills, and everything is in joint names, upon the second parent to die, a probate estate needs to be opened up.  One or more of the children can petition the probate court for letters of administration to be appointed personal representative.  The probate court would want consents from all seven children in regard to who would be the personal representative(s).  If all seven cannot consent, then the court would require a hearing to make the determination as to who would be the personal representative.  Please note that the person(s) appointed personal representative have to post a bond in the amount of the personal property.  You need good credit to get bonded as most bonding companies go by credit scores.  If you do not have good credit, then do not request to become personal representative.  The real and personal property goes through probate.  The personal representatives gather up the assets, pay the debts and also do the taxes. When the estate is closed, the seven children share equally.

Christian Albut · Answer

In California you would have to file a intestate probate and each of the children would end up with a share of the estate.

Mark T. Peters · Answer

First, someone, probably one of the children will file for probate.  Then the assets are collected, a notice to creditors given and the debts paid.  After that, assets are sold and divided 7 ways.

Bernard H. Greenberg · Answer

All assets will pass via the law of intestacy. This means that all children will receive equal shares in most cases. For further information, consult with an attorney specializing in estates.

Ben Liu · Answer

You will need to probate under the intestate laws.

Dara J. Goldsmith · Answer

It passes via probate to the children of the last spouse to die.  Plus one share for each child who predeceased and left issue.

Gerald Bagazinski · Answer

They have died intestate. If any of the assets are not in joint name or without beneficiary designations, a probate estate should be opened. A Personal Representative will be appointed who will have the power to sell and distribute assets as part of the ordinary administration of the Estate.

Kathleen Delacy · Answer

You need to check the intestate laws in your state.  In Delaware, if no spouse but children are same for each spouse, it would pass to children

John Brennan · Answer

The properties will pass under the statutory scheme of their state of residence, most probably equally to their children.

Jeffrey W. Wilkinson · Answer

The State of Utah dictates what happens to the estate assets.  These are called the laws of intestate succession.   You should consult an attorney regarding how these laws would apply to your specific situation.

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