Selling a House When There's No Will
2 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
No will does not mean the state takes the house. State intestate succession law decides who inherits, usually the spouse and children first, and a court has to appoint someone with legal authority to sign before any sale happens. Cash Flow Deals is one option once that authority is confirmed: it locks a net price before repairs get scoped, through a novation-based, flat-fee process arranged with a licensed local broker partner.
| Factor | Traditional Route | Cash Flow Deals |
|---|---|---|
| Legal step required first | A court appoints a personal representative or administrator through probate before anyone can sign a deed | Same probate step is still required; once the representative has authority, a net price can be locked before repairs are scoped |
| Time before you can list or sell | Varies by court backlog and family cooperation, often several months before authority is granted | No separate financing timeline once legal authority is confirmed and a buyer's lender is already qualified |
| Repair costs before sale | Estate often pays to fix up the house before listing to attract retail buyers | Net price locked before repairs are scoped |
No Will Doesn't Mean No Heirs
Dying without a will is called dying intestate. It does not mean property becomes ownerless or reverts to the state, except in the rare case where no legally qualifying relative can be found at all. Instead, state intestate succession law fills in the plan the person never wrote, distributing the estate to a defined order of relatives. A number of states base their intestate succession rules on the Uniform Probate Code, a model law drafted to standardize how these cases get resolved, though not every state has adopted it, and the exact shares and priority order still differ by state.
Who Actually Inherits Without a Will
Intestate succession laws generally favor a surviving spouse and children first, then move to parents, siblings, and more distant relatives if none exist. Under the Uniform Probate Code, a spouse who is also the parent of all the decedent's children often inherits the entire estate outright. When the decedent has children from outside that marriage, the spouse typically receives a set dollar amount plus a share of the remainder, with children splitting the rest. These exact rules vary meaningfully by state, so confirm the actual order of inheritance with a probate attorney licensed where the deceased person lived.
Probate Is Usually Required Before Anyone Can Sell
A house cannot be sold just because someone is a legal heir. A court typically has to open a probate case and formally appoint a personal representative or administrator, issuing Letters of Administration that give that person legal authority to sign a deed on the estate's behalf. Skipping this step means no title company will close the sale, because there's no one with confirmed legal authority to convey the property.
Tax Basis Doesn't Change Just Because There's No Will
Whether or not the deceased left a will, real property passing to heirs generally receives a stepped-up basis equal to fair market value on the date of death, under Internal Revenue Code Section 1014. According to IRS Publication 551, this means heirs are typically taxed only on appreciation that happens after the date of death, not on gains that built up over the original owner's lifetime. Confirm the exact basis and any estate tax filing threshold with a CPA before the house closes.
Common questions
Does the state take a house if someone dies without a will?
Almost never. The state only inherits, through a process called escheat, when a court cannot locate any legally qualifying relative at all. In nearly every real case, a spouse, child, parent, or other relative inherits under the state's intestate succession law.
Who has the legal right to sell a house when there's no will?
Only a personal representative or administrator formally appointed by the probate court, evidenced by Letters of Administration. Being a legal heir alone does not give anyone signing authority on the deed.
How long does probate take before the house can be sold?
It depends on the court's backlog and how quickly the family petitions for administration, but it commonly takes several months before a representative is appointed with authority to sell.
Is the Uniform Probate Code the law in every state?
No. A number of states have adopted some version of it, and others use their own separate intestate succession statutes, so the exact inheritance order should be confirmed with a local probate attorney.
Do heirs pay capital gains tax on a house sold with no will?
Usually only on appreciation after the date of death, because inherited property generally gets a stepped-up basis to fair market value at death under IRC Section 1014.