What happens to a home when someone dies without a will?

Most people never write a will. When they pass away, their home and belongings still have to go to someone. Every state has a law that decides who that is. It is called the intestacy law, and “intestate” simply means “without a will.”

The basic order is the same almost everywhere

The spouse and the children come first. If there is a spouse and no children, the spouse usually gets everything. If there are children and no spouse, the children share equally.
If there is no spouse and no children, the parents are next.
Then brothers and sisters, and if a sibling has already passed, their children step into their place.
Only after that do grandparents, aunts, uncles and cousins come into the picture.
If nobody at all can be found, the property goes to the state. This is rare, and it is exactly what we work to prevent.

A grandchild, niece or cousin can inherit even if they never met the person.

The law follows the family tree, not the relationship.

Where the states differ

The differences show up mostly when there is a spouse and children from an earlier relationship, or when a home was bought during the marriage.

Texas treats property bought during the marriage as community property, and a spouse with stepchildren shares the home with those children. Texas Estates Code, Chapter 201
Florida gives the spouse everything if all children are shared, but only half if either of them has children from someone else. Florida Statutes 732.102 and 732.103
North Carolina splits the home between the spouse and the children, with the spouse’s share depending on how many children there are. North Carolina General Statutes, Chapter 29

If your family situation is anything but simple, a quick read of your state’s chart will tell you more than any general article can.

What this means in practice

Inheriting under these rules is automatic, but it is not the same as having your name on the deed. Until the estate is handled, the home sits in a kind of limbo. Taxes still come due, and the county does not wait.

That in-between stage is where we do our work. Heirship Title helps families sort out who inherits, get it documented, and decide together what to do with the property. If you have received a letter or a text from us, that is why. Call or text us at (754) 247-1854 and we will walk you through it.