Intestacy

Definition

Intestacy in real estate means a person died without a valid will, so their real property and other assets are distributed under state Probate and intestate succession laws rather than by the decedent’s instructions. These laws establish a fixed order of heirs—typically spouses, children, parents, and siblings—and determine who inherits land, houses, and other property.

How intestacy works

• Probate court oversees the estate. The court identifies assets, pays debts and taxes, and distributes what remains according to state law because there is no will to direct distribution.
• Statutory priority controls distribution. States set rules (intestate succession) that decide how much each class of relative receives. For example, some states give a surviving spouse a specified share (e.g., the first $20,000 plus half the balance in Missouri) with children splitting the remainder.
• Real estate can become fractionally owned. When multiple heirs inherit the same property, they frequently hold it as co-owners (often as Tenants in Common), producing fractional ownership shares that complicate use, management, and sale.

Common real‑world outcomes

• Single-family home titled only in the decedent’s name will be allocated to heirs per state law, which can create multiple co‑owners and disputes over possession, maintenance, or sale.
• Jointly titled property often passes automatically to the surviving joint owner(s), while separately held property is split among heirs according to intestate rules. Example: Barrett died with a home jointly held with spouse Jed plus $200,000 in separate property; Jed kept the jointly held home and received half of the separate property ($100,000), while Barrett’s child received the other half.
• Heirs can face long probate timelines and higher costs, and disagreements may lead to litigation or forced sale of property.

Legal tools and protections

• Uniform Partition of Heirs Property Act (UPHPA). In jurisdictions that have adopted it, the UPHPA limits unfair forced sales of inherited property, promotes buyouts or partition in kind, and offers greater protections for family heirs who inherit fractionated property.
• Probate process. Probate identifies assets and creditors, settles debts, and enforces state succession rules. Heirs should expect paperwork, deadlines, and possible court hearings.

How to avoid intestacy

• Create a valid will that names beneficiaries and specifies how real estate should be distributed.
• Use a living trust to transfer real property outside probate and control distribution after death.
• Name beneficiaries on payable‑on‑death accounts and use joint ownership or transfer-on-death deeds where allowed by state law.
• Consult an estate planning attorney to tailor documents to state law and family circumstances.

What heirs should do if someone dies intestate

1. Locate records of ownership, titles, mortgages, and other assets.
2. Contact the local probate court to begin the estate administration process.
3. Work with an attorney if disputes arise, if property is fractionated, or if the estate is complex.
4. Consider mediation or buyout agreements among co‑owners before seeking partition or sale through court.

Quick summary

Intestacy means dying without a valid will. In real estate, it triggers probate and state intestate succession rules, which can create fractional co‑ownership, court oversight, and unexpected distributions to relatives. Proper estate planning—wills, trusts, beneficiary designations, and title planning—prevents intestacy and helps ensure real property passes according to the decedent’s wishes.