If my father died without a Will and was never married and I’m the only male child he had, who gets his house?
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If my father died without a Will and was never married and I’m the only male child he had, who gets his house?
He has no will or nothing in writing. He only has 1 full sister and 4 half sisters. He has a house and the deed is under his name only. Do I have to go to probate court?
Asked on September 21, 2015 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
When someone dies without a Will they are said to have died "intestate". This means that the laws of the state in which the deceased was domiciled as of the date of their death will control. Typically, an estate is divided between a surviving spouse and the children of the deceased. However, in a situation such as yours in which there is no spouse or other children, you would be the sole heir and therefore would inherit your father's entire estate.
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