If your father was the sole owner of the house when he died then a probate must be opened to transfer the house to his proper heirs. If your father died without a will then the statute on descent and distribution controls the disposition of his assets, including the house. All claims against the estate must be paid before any assets can be distributed. If the house does not have to be sold to pay the claims against the estate then it can be distributed along with the other assets in the estate, either in kind or sold and the net proceeds divided among the heirs. If your father was married at the time of his death then his assets are to be divided ? to the spouse and ? half divided equally among his children. If one of the children predeceased the father then the deceased child's share would be divided among the descendants of the deceased child, if any.
Answered on Feb 08th, 2016 at 3:59 AM