My wife and I deeded some property to our son and daughter. Our son and daughter has since passed away. Since he had no will or right of survivorships, what happens with his share of the property? If it goes through probate how long could that take?
Respuestas de Abogados
Ascendance International Consulting (A-I-C)
Jan 26, 2026
Jan 26, 2026
Thank you for your inquiry. Based on the situation you’ve described, it seems that you transferred property to your son and daughter, but with your son’s passing and the lack of a will or right of survivorship, there are a few important factors to consider regarding what happens to his share.
Transfer of Property Share After Death: Since your son passed away without a will and there was no right of survivorship, his share of the property will likely be treated as part of his estate. This means that his share would pass according to the laws of intestate succession in the state where he resided. Typically, in the absence of a will, his share would go to his legal heirs, which may include his spouse, children, or other close relatives, depending on state law.
Probate Process: Yes, the property share would likely go through probate. Probate is the legal process of administering a deceased person’s estate, ensuring that assets are distributed according to the law. The time it takes to complete probate can vary widely depending on factors such as the complexity of the estate, whether there are disputes, and the jurisdiction. On average, probate can take anywhere from several months to over a year, although it can take longer in more complicated cases.
What You Can Do: You may want to consult with an estate planning attorney or probate attorney who can help you navigate this process, especially in understanding how your son's share of the property should be handled according to state law. Additionally, if you are still living and want to address the future of the property, it might be worth considering creating a will or revisiting the deed to ensure the property passes as you intend.
Next Steps: If the property is going through probate, the court will appoint a personal representative (executor or administrator) to manage the estate. It’s important to identify the heirs of your son and follow the appropriate legal procedures to ensure a smooth transfer of the property.
In summary, your son's share will likely be passed to his legal heirs, and the probate process will be necessary to determine who inherits the property. The length of time this will take depends on several factors, but it can generally range from several months to over a year.
Sincerely,
Ascendance International Consulting
Transfer of Property Share After Death: Since your son passed away without a will and there was no right of survivorship, his share of the property will likely be treated as part of his estate. This means that his share would pass according to the laws of intestate succession in the state where he resided. Typically, in the absence of a will, his share would go to his legal heirs, which may include his spouse, children, or other close relatives, depending on state law.
Probate Process: Yes, the property share would likely go through probate. Probate is the legal process of administering a deceased person’s estate, ensuring that assets are distributed according to the law. The time it takes to complete probate can vary widely depending on factors such as the complexity of the estate, whether there are disputes, and the jurisdiction. On average, probate can take anywhere from several months to over a year, although it can take longer in more complicated cases.
What You Can Do: You may want to consult with an estate planning attorney or probate attorney who can help you navigate this process, especially in understanding how your son's share of the property should be handled according to state law. Additionally, if you are still living and want to address the future of the property, it might be worth considering creating a will or revisiting the deed to ensure the property passes as you intend.
Next Steps: If the property is going through probate, the court will appoint a personal representative (executor or administrator) to manage the estate. It’s important to identify the heirs of your son and follow the appropriate legal procedures to ensure a smooth transfer of the property.
In summary, your son's share will likely be passed to his legal heirs, and the probate process will be necessary to determine who inherits the property. The length of time this will take depends on several factors, but it can generally range from several months to over a year.
Sincerely,
Ascendance International Consulting
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