Finding out if you’ve inherited property when there is no will (a situation known as intestacy) can feel like a scavenger hunt. Since there is no physical will to guide you, the process and outcome will be determined by following state law.
1. Check the Property Deed First
Before worrying about a will, check the deed to the house. In many cases, the deed trumps a will. You can usually find this document at the local County Recorder or Registrar of Deeds office.
- Joint tenancy with right of survivorship: If your name is on the deed with hers, the house likely passed to you automatically the moment she passed.
- Transfer on death (TOD) deed: Some states allow owners to name a beneficiary directly on the deed. If your grandmother set this up, the house bypasses the probate court entirely.
2. Understand Intestate Succession
If the house was solely in her name and there is truly no will, the law decides who gets the property. This is called intestate succession.
Every state has a “priority list” for heirs. Generally, the order looks like this:
- Surviving spouse: Usually gets the lion’s share.
- Children: If your parent (her child) is still alive, the inheritance usually stops with them.
- Grandchildren: You typically only inherit via intestacy if your parent (Grandma’s child) has already passed away. In that case, you would likely “step into their shoes” to claim their share.
3. Search for a “Lost” Will
Just because you haven’t found a will doesn’t mean one doesn’t exist. Before the court declares her intestate, try these spots:
- The probate court: Sometimes people file their wills with the county for safekeeping while they are still alive.
- Safe deposit boxes: You may need a court order to open her bank box.
- Her attorney: If she ever used a lawyer for a speeding ticket or a divorce, call them. They may have the original or a copy of her estate plan.
