QUESTION
If the homeowner is deceased without heirs how do one become legal owner of the house?
Asked on Jan 12th, 2013 on Estate Planning - California
More details to this question:
If a homeowner owns their home outright, they die and have no heirs and no will, could someone start paying the taxes and legally take?
12 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, the property will escheat to the state.
Answered on Jan 17th, 2013 at 12:39 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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If someone starts paying the taxes on a property and openly occupies it, it is possible that eventually, depending on the laws of the state, they could obtain ownership through adverse possession of the property. This process can take a very long time, typically no less than nine years, again depending on the state law. There would also have to be an action for "quiet title" in order to establish that the adverse possession was effective and met the criteria for such; otherwise, there would be no way to convey or sell the property in the future. There is also always the chance that an heir will show up and the property will be subject to conveyance via a probate proceeding.
Answered on Jan 16th, 2013 at 11:17 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. Generally not. There IS a law known as "adverse possession," and if someone grabbed the house, lived there for 15 years and no one challenged ownership, there is a *chance* they could be considered the owner. The problem is, there is almost always an heir, and if there is not, then the State is an heir. So you run a lot of risks in doing this with no certainty that you will end up with anything for the investment.
Answered on Jan 16th, 2013 at 11:16 AM
Tax Attorney serving Naples, FL
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Henderson, Franklin, Starnes & Holt, P.A.
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You will need to open an estate administration file in the county of the decedent's residence.
Answered on Jan 15th, 2013 at 4:41 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If there is no Will and there are absolutely no heirs, then the property will escheat (default) to the State. Keep in mind heirs can go all the way out to distant cousins (descendants of great-grandparents).
Answered on Jan 15th, 2013 at 4:40 PM
If there really are no heirs, the house will go to the state.
Answered on Jan 15th, 2013 at 4:39 PM
3 Awards
Probably not, adverse possession takes a long time. Honestly, the estate needs to be administered. If there truly are NO heirs then the monies escheat to the State for education.
Answered on Jan 15th, 2013 at 4:39 PM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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No. Property will escheat to the state until a rightful heir is determined. Very complicated question because a lot of issues, but generally speaking, unrelated parties are not entitled to ownership simply because they claim ownership by paying taxes and bills on the property. There is such a thing as adverse possession but that is extremely complicated and easy to claim. The law does not favor treasure hunters because it would ultimately lead to chaos. The State takes all property and orderly distributes it. Of course as always, this is a technical question that could have 10 different answers based on the facts and a good research question for a law student.
Answered on Jan 15th, 2013 at 4:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. There are some instances where people purchase tax liens and foreclose on the liens to obtain property. You say there are no heirs, but that may be because nobody is looking yet. And if the man truly has no heirs, then the property will probably escheat to the State or to the mortgagee.
Answered on Jan 15th, 2013 at 4:38 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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The house will need to go through Probate to determine who the next owner will be. If the deceased has creditors, the house may need to be sold to pay those creditors. Just paying the taxes and bills on the home will not lead to ownership of the property.
Answered on Jan 15th, 2013 at 4:38 PM
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The estate must be probated and the executor/administrator transfers title.
Answered on Jan 15th, 2013 at 4:35 PM
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It is possible but very unlikely. The county will likely step in and administer the estate and find some distant relative that would be an heir.
Answered on Jan 15th, 2013 at 4:31 PM