How do heirs go about selling their inherited property?
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How do heirs go about selling their inherited property?
My uncle died and did not have a Will. He had a wife and daughter who both died before he past. He has 2 grandsons whom are the heirs. They want to sell his property but have no idea of where they need to start.
Asked on October 6, 2011 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Dying with out a Will is known as dying "intestate" which you probably already know. And that the intestacy statutes in the state of Virginia will govern how the estate is to be divided. And it seems you already know that as well. So his 2 grandsons would have to go down to the probate court and file a Petition to be appointed as the Personal Representatives (sometimes called the Administrators) of the estate of their Grandfather. They would have to provide documentation to show that they are the only living heirs (most likely the death certificates of his Wife and Daughter and an affidavit of heirship from a disinterested party (that would just basically state who was who in the line of descendants). They should get some legal help here. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your uncle passed away without a will leaving assets his estate has to go through your state's intestacy process where under statute your state distributes his assets in order of intestate succession.
In order to do this, it is best for members of the family to retain a probate attorney to file an intestacy petition where one family is designated as the person representing the estate. An intestacy proceeding is much like a probate proceeding except that there is no written will.
The assets of the estate are set forth where creditors can make a claim. Creditor claims are approved or disapproved and a decree of distribution of assets is then issued by the court. If there is real property, the order of distribution issued by the court is then recorded on the real property where the names of the new owners are listed.
Good question.
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