If the landowners pass away but there are children, how can they go about obtaining the property?

UPDATED: Oct 1, 2022

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If the landowners pass away but there are children, how can they go about obtaining the property?

Both land owners have passed without Wills. The children would like to obtain possession of the land.

Asked on December 10, 2017 under Estate Planning, Arkansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since the parents died without a Will, they died "intestate". This means that the estate will need to have a "personal representaive" appointed who can adminster the estate (the PR is like an executor of a Will); a family member or friend can apply for appointment by the probate court. Title to the property can then be transfered into the children's names. That having been said, depending on the state, sometimes property under a certain value can pass via an affidavit or small estate procedure which is cheaper, faster and less complicated than a formal probate. You can check online for specific state law info or consult directly with a local probate attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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