What are the steps to take to sell the property of someone who died without a Will?
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What are the steps to take to sell the property of someone who died without a Will?
Father died without a Will; 3 sons to split the house.
Asked on January 17, 2011 under Estate Planning, Louisiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your father died without a will or any form of trust or any form of estate planning document (even something on a napkin if signed and witnessed can suffice in most places), he died intestate. This means you now need to look at the title to the house. If it is now solely in his name and no one else or he was the surviving joint tenancy by right of survivorship, his house is definitely rightfully split among the three sons. The sons need to appoint an administrator through the probate process or have an administrator appointed by the court and then proceed to sell the property. The probate court in your county should be able to at least get you some helpful brochures to get you started on the process, timeframes and other directives required by that particular court.
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