Who inherits real estate when there is no Will?

My grandparents owned the property that my parents lived on. My grandparents had other children but had no Will. My parents are now deceased. Who will gain

the property? I have 2 brothers and 1 sister; my parents deceased siblings have

children.

Asked on September 5, 2016 under Estate Planning, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no will, the property passes according to the rules of "intestate succession" (who gets what, when there is no will). In your state (every state has its own rules, though they tend to be very similar), when all the children of the deceased predeceased (passed away before) him or her, but there are living grandchildren, all the grandchildren inherit what would have been their parent's share. So say there were three children, A, B, and C, who all passed away before your grandparents. Each would have had a 1/3 share. If A had 1 child, B had 2, and C had 3 (6 grandchildren total), A's child gets his/her entire 1/3 share; B's children split his/her 1/3 (so they get 1/6 each), and C's children also split his/her share (1/9 each).
That your parents lived in the house has no bearing on who gets it.


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