Parent Died House No Will

Your parent died without a will and they owned a house. Now you need to figure out who legally inherits it, how to get the deed in the right name, and what to do about the mortgage, taxes, and upkeep in the meantime. The answer depends entirely on how the title was held.

Check How the House Was Titled

Before anything else, find the deed. The county recorder's office (or land registry in the UK/Australia) has a copy. How ownership was structured determines everything:

Joint tenancy with right of survivorship. If your parent owned the house jointly with a surviving spouse, partner, or another person, ownership transfers automatically to the surviving owner. No probate needed. Present the death certificate to the county recorder's office to update the record. This is the simplest scenario.

Tenancy in common. Each owner holds a distinct share. Your parent's share passes through their estate under intestacy law — it doesn't automatically go to the other owner. This share goes through probate unless the estate qualifies for a small estate procedure.

Sole ownership. The house is part of the estate and passes through intestacy law. Who gets it depends on family structure and state law.

Who Inherits Under Intestacy

Without a will, state intestacy laws dictate who receives the house:

If your parent was single or widowed: The children inherit the house equally. If there are three children, each gets a one-third interest.

If your parent was married (all children are the spouse's): The surviving spouse typically inherits the house entirely, though some states give the spouse a portion and the children the remainder.

If your parent was married with children from a previous relationship: Most states split the estate between the surviving spouse and the biological children. The spouse might get half the equity, with the children splitting the other half. This frequently creates conflict, especially when the surviving spouse is living in the house.

Transferring the Deed

To get the house into the heir's name, you'll need to go through one of these processes:

Small estate affidavit (if the total estate value falls below your state's threshold). Many states allow real property transfers via affidavit for smaller estates. California recently added a petition process for primary residences valued up to $750,000. Not all states include real estate in their small estate procedures — New York and Washington, for example, exclude real property from affidavit transfers.

Formal probate. The court-appointed administrator petitions to have the house transferred according to intestacy law. Once the court approves the distribution, you receive an order that allows the county recorder to update the deed. This can take six to eighteen months.

Affidavit of heirship (available in some states like Texas). An alternative to full probate for real property, where two disinterested witnesses attest to the family relationships and the deceased's lack of a will. The affidavit is filed with the county recorder. This doesn't go through probate court, but it doesn't guarantee clear title — a title insurance company may flag it later.

The Mortgage Doesn't Disappear

If there's a mortgage on the house, it survives the owner's death. Under the Garn-St. Germain Act, a lender may not call a real-property loan secured by residential property containing fewer than five dwelling units due solely because the property transfers to a relative as a result of the borrower's death. You can continue making payments without refinancing, subject to the loan and transfer rules.

Contact the mortgage servicer with a death certificate to update their records. Ask about:

• Forbearance options if payments are difficult during estate administration
• Assumption process if you want to take over the existing loan terms
• Payoff amount if you plan to sell

If nobody can make the payments and the estate can't cover them, the lender will eventually begin foreclosure proceedings against the estate — not against you personally (unless you co-signed the mortgage).

Property Taxes and Insurance

Property taxes continue accruing and must be paid to avoid a tax lien. The estate is responsible for these until the house is transferred or sold.

Homeowner's insurance requires immediate attention. Most policies require notification when the insured dies, and some policies lapse if the property sits vacant for more than 30 to 60 days. Contact the insurer, explain the situation, and ask about vacant-property coverage if nobody is living there during administration.

Selling vs. Keeping

If multiple heirs inherit the house equally, you'll need to agree on what to do with it. Your options:

One heir buys out the others. One person keeps the house and pays the other heirs their share of the equity. This requires a new appraisal, agreement on price, and usually a new mortgage.

Sell and split the proceeds. List the property, sell it, pay off the mortgage and any estate debts, and divide the net proceeds according to each heir's share.

Keep it as shared property. Rarely advisable. Shared ownership of a house creates ongoing obligations (mortgage, taxes, maintenance) and decisions that require unanimous agreement.

If heirs can't agree, any co-owner can petition the court for a partition sale — a forced sale where the court orders the property sold and the proceeds divided. This is expensive and adversarial, but it's the legal remedy when co-owners disagree.

Tax Implications

Inherited real estate receives a "stepped-up basis" for capital gains purposes. This means the cost basis resets to the fair market value on the date of death, not what your parent originally paid. If they bought the house for $100,000 and it's worth $350,000 when they die, your basis is $350,000. If you sell it for $355,000, your taxable gain is only $5,000.

In Australia, the main residence exemption covers inherited homes sold within two years of the parent's death — no capital gains tax applies.

The Young Adult's Guide to Losing a Parent covers the property transfer process step by step, including a document checklist for the county recorder, mortgage assumption procedures, and a framework for resolving disagreements among co-heirs.