There are three basic situations when the owner has died. Of course, each of these has additional variations, mostly relating to whether the deceased had a will, and whether or not the estate (with or without a will) is being probated. If there is a probated will, devisees (those named in a will) will get the property or the proceeds from the sale if it’s sold before the probate is closed. If there is no will, then state law provides who inherits. It can get complicated to work it all out.
- First, the owner was single – not married or a domestic partner.
- Second, the owner was married or a domestic partner, but it was separate property (not community property).
- Third, the owner was married or a domestic partner and it was community property.
Follow the link below to learn more about Death & Probate.
