Definition
Intestate succession in real estate is the legal process that determines who inherits a deceased person’s real property and other assets when that person dies without a valid will or estate plan. State laws set a hierarchy of heirs (usually spouse, children, parents, siblings, then more distant relatives) and a court-supervised distribution follows those statutes.
How it works
- When someone dies intestate, their estate typically enters probate. A court appoints an administrator to pay debts, settle claims and distribute remaining assets under state intestate succession statutes. (probate)
- Real estate owned solely by the deceased is usually subject to intestate succession unless it already passes outside probate through mechanisms like joint tenancy, named beneficiaries, or a trust.
- Different states have different rules about who inherits and in what shares; community property rules in some states also affect distribution. (community property)
Typical real-life examples
- Surviving spouse and children: Many states prioritize the spouse and children. For example, Missouri’s intestacy rules give the spouse an initial portion and then half of the remainder, with children sharing the rest.
- Blended families: If the deceased has children from a prior relationship, the surviving spouse may share the estate with those children—often leading to split ownership of a home or other real estate.
- No spouse or children: Property commonly passes next to parents, then siblings, and then more distant relatives (e.g., New York’s sequence: spouse → children → parents/siblings).
- Community property states: In states like California or Texas, community property laws mean the surviving spouse often receives all community property; separate property may go to children or other heirs.
- Multiple heirs and disputes: When real estate is inherited by multiple heirs, conflicts about occupying, renting, selling, or partitioning the property are common—laws such as the Uniform Partition of Heirs Property Act (UPHPA) aim to reduce unfair forced sales and protect family owners.
What property is NOT controlled by intestate succession
- Property with right of survivorship (e.g., many joint tenancy arrangements).
- Assets that name a beneficiary or have payable-on-death designations (life insurance, retirement accounts). (life insurance)
- Assets held in a properly funded trust.
Common implications
- Intestate succession can fragment real estate ownership, creating co-ownership among multiple heirs and increasing the likelihood of disputes or forced sales.
- Stepchildren and non-relatives generally do not inherit under intestacy unless formally adopted or named in a will.
- Because laws vary by state, the exact shares and order of heirs differ—examples include specific rules in Missouri, New York, California, Texas and Florida.
Practical steps to avoid intestate succession problems
- Create a valid will or comprehensive estate plan to control who inherits real estate and to reduce probate delays and family conflict.
- Consider ownership arrangements (joint tenancy, community property with right of survivorship) and beneficiary designations where appropriate.
- Use a trust to transfer real property outside probate if your goals and state law make that beneficial.
- Consult an estate attorney in your state to understand local intestacy rules and tax or creditor implications.
Bottom line
Intestate succession determines who gets your real estate and other assets when you die without a will. Because the consequences can be unpredictable and emotionally difficult for families, drafting a will or estate plan and reviewing ownership structures for real property are the most reliable ways to ensure your property passes according to your wishes.
