Definition
Intestate succession is the set of state laws that decides who inherits property when someone dies without a valid will. The statutes create an order of heirs, typically starting with a surviving spouse and children, then parents, siblings, and more distant relatives. How property is split depends heavily on the state: in some, a surviving spouse inherits everything when all children are shared; in others, the spouse and children divide it. Community property states have their own rules for property acquired during marriage. Stepchildren and unmarried partners usually do not inherit under these laws unless adopted or otherwise provided for. For a house, intestate succession often means several people end up co-owning it, and all of them, or a court-appointed administrator, must cooperate to sell. Understanding who the legal heirs are is the first step before anyone can sign a contract.
Real seller example
Walter Simmons died without a will, leaving a house, no spouse, and four adult children, one of whom had died and left two children of her own. Under his state's intestate succession rules, the three living children each inherited a share, and the late daughter's two children split her share. The family petitioned for letters of administration so one person could sign for the estate. Once appointed, the administrator sold the house as-is, and the proceeds were distributed according to the statutory shares rather than equally among everyone who wanted a say.
Frequently asked questions
Your state's intestate succession statute decides, usually starting with a spouse and children. The exact order and shares vary by state.
Generally not unless they were legally adopted, though rules vary.
Not alone. Either all heirs must sign, or a court-appointed administrator must sell with court authority.
Courts have procedures for missing heirs, which can add time. An attorney can help.
Property held with right of survivorship usually passes to the surviving owner outside these rules.
Through probate court documents or, in some states, a recorded affidavit of heirship that a title company accepts.