What happens to my parents' house now?

A petition to probate the estate needs to be filed, with someone appointed to represent the mentally deficient sibling, and divide the proceeds of sale to the respective heir.

If there is no will, their estates would need to be probated and the house would be distributed to the five siblings equally. The house can also be sold while in the probate process and the proceeds distributed. If you brother is mentally disabled, special measures need to be taken so that his distribution does not violate any government benefits he is currently receiving.

The children would share it in equal shares.

You need to file a probate action. Intestate Sucession laws will.

The house, along with the rest of the property and debt, will be distributed pursuant to Michigan's intestate succession statute. Typically, in this situation, the property is distributed equally amongst the siblings unless there is some sort of arrangement worked out between the distributions.

The estate of the parent who died first will be settled first. The assets of the estate will be divided according to state intestacy laws except for lands owned in joint tenancy and benefits payable on death. Then the estate of the other parent will be settled. It is likely that you and your siblings will end up owning the house jointly.

It depends on the title for the property. If it was just in their names, as husband and wife, then you need to go through probate. Title will pass to the five children, equally, unless one or more of you want to buy the others out.

Someone has to administer the estates of your parents. It is likely that they held everything in joint names, so that, on the death of the first, everything passed to the survivor. So, it will be the estate of the one who died second which will need to be administered (essentially, it's probate, but because there is no will it will technically be the administration of an intestate estate). Assuming no other facts other than what you laid out, you and your four siblings will inherit all, including the house. Special planning will be needed to make sure that the inheritance does not interfere with benefits for the disabled sibling. It would be great if all of you can agree to let the disabled sibling live in the house, but that will be a matter of negotiation. Do yourself a favor get a lawyer who works in probate to help you with this; also, may need a lawyer to help with planning for disabled sibling. There are many tricks and traps, the legal fees will be worth it.

Where is the house located? NC? Where did your parents live at the time of their death? Which parent died first? Died second? When exactly? What happened after that? Was an estate ever probated? Did either of your parents owe any debts or claims to anyone? Assuming that your parents lived in NC and the house is in NC and that your parents owned the house as a tenancy by the entirety, then the house automatically passed to the surviving parent when the first spouse died in December of 2012. The home would not need probated in that case. When the second parent died in May of 2013, what was done? It would make sense for the child who lives in NC closest to the parents (other than the mentally disabled child) to apply for probate and become the personal representative of the estate. Title to the land passed to ALL of the surviving children but the parent may have had other assets that will require probate. Assuming no debts, things should be wrapped up fairly quickly. The big challenge will be that the children all have to decide what is to be done with the property. If one or more want to keep it and one or more want to sell it, the smart thing to do will be for the heirs who want the property to buy out the shares of those who don't. If some heirs can't afford to buy out the shares, (although if the property is paid for, it might be possible to get a mortgage or equity loan in an amount needed to buy out the other heirs) then can the land be subdivided? If it can, give the other heirs their share and let them do what they want with it. The land cannot be sold for 2 years from the date of death by the heirs unless an estate is probated and someone is made personal representative of the estate. I suggest that the children all have a family meeting and decide who would best be suited to be the personal representative. The person should live in NC, preferably close to where the property is located. The person selected should be reasonably competent to handle money. That person then needs to see a probate lawyer who practices in the county where the estate will be probated. If nothing else, just pay for a consult with a probate attorney to find out what will be expected. While hiring an attorney to administer the estate makes things easier, it is not necessary. Then the personal representative may need to talk with the probate court clerk - they have the needed forms to begin the probate process if one is needed. Technically, an estate should be probated for both parents but it will depend on the debts and assets of each parent to know if that is required or not.

It, along with all of your last surviving parent's other assets have to go through probate. The bills get paid, then the rest gets divided between the siblings.

In Idaho, if there is no will, it is likely that the estate will be divided equally among the children - unless there are other provisions in the deed, and assuming no liens have attached. You should contact an attorney experienced in probate law/estate administration to have one of the children appointed as personal representative of the joint estates - probably in informal proceedings, unless there is a conflict.

Estates of parents are generally split equally between the children (e.g. you and your siblings). Generally real estate is sold and the proceeds are split between the siblings There might be a special issue with your mentally disabled sibling is he able to fend for himself can he live alone?

You will need to probate. Equal shares to the children.

It goes to the statutory intestate heirs. A probate will still need to be filed.

If no one else's name is on the house, it will have to go through probate. The five siblings will be co-owners of the house.

It goes to each child equally

It goes equally to all five. You'll need to file a petition for probate.

You need to probate the estates in order to get a change in the title. Each child will get 1/5th of the house and each can live there without paying rent to the others. Read a book written in layperson terms such as Nolo Press' probate volumes to understand what needs to be done. You will need one of you to be appointed as administrator and that person will probably have to hire an attorney to help out. That can be expensive so you might want to hire an attorney to give you legal advice and not act as the estates' attorney.

A probate estate will need to be opened and a guardianship and conservatorship established for your sibling.