If my grandparents died and the land that they owned is still in there names but there isn’t a Will of any kind, what happens to the land?

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If my grandparents died and the land that they owned is still in there names but there isn’t a Will of any kind, what happens to the land?

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Asked on November 26, 2013 under Estate Planning, Kansas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 years ago | Contributor

The land would be passed on to your grandparents' heirs. To figure out who their heirs are, you look at the intestacy laws for the state where your grandparents lived. In most states, the heirs would be their children and/or grandchildren.

You probably have to file a petition in probate court to get the land transferred to the heirs. However in some states, depending on the value of the land, you may be able to transfer the land using a small estate affidavit.


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