If my parents are both deceased and left no Will, what are my options?

UPDATED: Nov 18, 2011

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If my parents are both deceased and left no Will, what are my options?

We have 5 acres and a house and my parents left no Will. There are 11 remaining adult children and only 2 still live on the property.

Asked on November 18, 2011 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sorry to hear about your parents.

When a person dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will. 

In your situation, since your parents had eleven children, each child has a 1/11 interest in the property even though only two are living on the property.  Each child inherits an equal share of the property and since there are eleven, each child would have a 1/11 interest in the property.  If your parents had other children, who are now deceased and if they had any children (your parents' grandchildren), the grandchildren would inherit the share of the property that would have gone to your deceased sibling.

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