Hello, My father passed away unexpectedly last December. What happens to his property if a will is not available?

If a Will does not exist, the property of someone who dies falls under the rule of that state's "intestacy laws." (I know, who thinks up these words?) It only means that because your father has died "intestate" or without a Last Will and Testament, the state will decide who inherits from him. In the instance of property, states must look at how the property itself is titled. Whose name(s) is or are on the deed and what sort of title is it? Here are 4 considerations: 1. In Oklahoma, if the property was titled only in your father's name, state law dictates that a probate process must be opened and spells out exactly what happens to the property. Your step mother would inherit part and the children would inherit part. 2. If the property was in the names of both your father and his wife and was titled as being held in "Joint Tenancy with Right of Survivorship" or a ‘tenancy by the entirety', Oklahoma law says that the property belongs to the surviving spouse and no one else. 3. Your father's wife would only be able to sell the property on her own if she has title to it and is the sole owner. A buyer would not be able to complete a purchase and get title to the deed if the seller does not have title to it. If it is owned jointly, all owners would have to participate in the sale. 4. If she dies, your father's probate process would be completed first to title to his wife whatever she is to inherit. Then her Will or another intestacy probate (if she has no Will) would be processed. If she has no will only her child will inherit her property. I urge you to ask an Arkansas attorney to assist with this situation. Your father's wife may need an attorney as well, to prevent future difficulties with settling the estate. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLCTulsa, OKhttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison