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What happens with my father's home if he died intestate?

What happens with my father's home if he died intestate?

Full question:

My Dad died intestate. What do I need to do about his estate. His home is valued over $200,000. What forms do I need to file and where do I file them?

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

If there is no spouse and no Will is, the home goes to the children in all States if there are children. If there is a deceased child, then to children of deceased child. An estate can be opened if there are assets that need to be probated. An heirship affidavit may also be available when title is transferred (the house is sold) without probate in some states. An attorney should be consulted in your location to consult with you about all your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if you don't file probate in time?

If you don't file for probate within the required timeframe, the estate may face complications. Creditors could make claims against the estate, and heirs may not receive their inheritance promptly. In some states, there are specific deadlines for filing probate after death, which can vary. If probate is not initiated, the estate may be deemed abandoned, and the assets could be distributed according to state intestacy laws, which may not align with the deceased's wishes. It's crucial to consult with an attorney to understand the implications in your state.

Do all wills have to go through probate in TN?

In Tennessee, not all wills must go through probate. If the estate's value is below a certain threshold, or if the assets can be transferred through other means, probate may not be necessary. However, if there are disputes or if the estate includes real property, probate is typically required. It's advisable to consult an attorney to determine whether probate is necessary for your specific situation.

How to claim the estate of a deceased?

To claim the estate of a deceased person, you typically need to file a petition for probate in the appropriate court. This process involves submitting the deceased's will (if one exists) and providing necessary documentation, such as death certificates. If the deceased died intestate, you may need to establish your relationship to the deceased to claim your share. Consulting with an attorney can help navigate the specific requirements in your state.

When would title be transferred by the laws of intestate succession?

Title to property is transferred by intestate succession when a person dies without a will. In such cases, state laws dictate how assets are distributed among heirs, usually prioritizing spouses and children. If there are no immediate heirs, the estate may pass to more distant relatives. The transfer typically occurs through the probate process, which validates the heirs' claims and facilitates the distribution of assets according to state intestacy laws.

What triggers probate in Illinois?

In Illinois, probate is triggered when a deceased person's estate includes assets that require legal administration, such as real estate or bank accounts in the decedent's name. If the deceased had a will, it must be filed with the court to initiate probate. Additionally, if the estate's value exceeds a certain threshold, probate is generally necessary. It's important to consult with an attorney to determine what specific circumstances in your case will require probate.

How long do you have to file probate after death without a will?

In most states, including Illinois, there is no strict deadline for filing probate after death without a will, but it is advisable to do so as soon as possible. Delaying probate can complicate the estate settlement process and may lead to issues with creditors or heirs. Generally, it's best to file within a few months of the death to ensure a smooth administration of the estate. Consulting with an attorney can provide clarity on specific timelines in your state.