Mother and Father died with no Will. Who owns their home and what about the loan?

Full question:

My mother died and did not have a will but my father died 2years previous and the home they lived in was not paid for and the mortgage states the estate of Mr. John Green now my mother has died what do we need to be because she had no will neither and we would like to keep the house

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: North Carolina

Answer:

The fact there was no Will and there is a loan on the home does not matter.  What matters is who owns it.  If there were no Wills, no trust or other instrument that establishes ownership, intestate laws govern. If the title to the property was held by the two parties as joint tenants with rights of survivorship, then when he died it went to your Mother. If not joint tenants and he did not have a Will then intestate laws control.  if Mother did not have a Will, intestate laws also govern who gets her share. Regardless, someone has to pay the mortgage.

North Carolna intestate laws are found in the NC Acts. 

§ 29-14. Share of surviving spouse.
(a) Real Property. – The share of the surviving spouse in the real property is: (1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, a one-half undivided interest in the real property; (2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one-third undivided interest in the real property; (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one-half undivided interest in the real property; (4) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, or by a parent, all the real property.
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§ 29-15. Shares of others than surviving spouse.

Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows: (1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one deceased child, they shall take as provided in G.S. 29-16; or (2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire share; or (4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or (5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14, ....................................................... 
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If there are deceased children, other rules also come into play.

You would need to get the property in the name of the heirs by opening an estate or filing an heirship affidavit if accepted. Consult a local attorney for assistance.