Transfering property when someone dies without a will?

Question

If someone dies without a valid will can their property be transfered to a benificary by name so that they become the new owner or does it have to be sold.

Answer 1

Susies answer is right,

My dad died intestate (without a will) and as the value of half the estate was under the band for inheritance tax there was nothing to pay tax wise.

the solicitor arranged for the deeds to the house and my dads assets to be passed to my mum.

dont forget that when a person dies, you not only inherit their property, but also their debts!

Answer 2

If theres a property then there will be probate. Probate will want to know the value of the home and the contents. If it reaches over £275k then inheritance tax will have to be paid on anything over. They will also take in to account any monies held in accounts.If you don't have the money for this then the property will have to be sold to meet the bill of 40%. Legal teams will then have to get involved as it does not seem possible that there is only one rightful owner. This could go on for years and the costs will go through the roof. Is there a mortgage on the property? They may make a claim on the property saying that it belongs to them. Get some legal advise before the vultures start landing. If you are the spouse you still have to go through probate but everything will be legally signed over including the property and deeds.

Answer 3

I'm not a solicitor but i believe that if someone dies without leaving a will then this is called being dying intestate. and as far as i know the state ( in England) has the right to claim any land or property. Now if there is family of the deceased left behind then i think they can put in a claim on that persons estate. See a solicitor for half an hour for free and find out.

Answer 4

If a person dies intestate, their property passes to their legal heirs pursuant to their jurisdiction's laws of "intestate succession." This applies to both the US and the UK. In most US states, the heirs consist of some combination of spouse & children. If no surviving spouse, all to children; if no children all to spouse; if neither then to grandchildren by way of representattion thru their pre-deceased parent. If none of the above, to parents. If none of the above to siblings. If none of the above to nieces/nephews or aunts & uncles (varies by state). If there is an estate tax, the tax must be paid by the beneficiary(s). If there are claims against the estate they MAY hav to be paid (in some US states there are exemptions against creditors) If needed the property can be sold or mortgaged to pay the claims or tax. In all cases you must have a valid court order transferring property.

Answer 5

in case you mothers and dads die intestate (without a will) you may desire to bypass to the court docket to have the deeds signed over to you. it is the way it works in England. my mom died without a will and that i had to bypass to court docket to sign a testimony that there replaced into no different claimant. reckoning on the cost of the valuables you may could pay loss of life accountability See a criminal expert so which you don't get sc***ed

Answer 6

It has to be sold/transferred at market value. Land registry will check when the deeds go through.

Answer 7

in uk it can be transferred to next of kin but it needs to be valued first so that it can be calculated if inhertance tax needs to be paid on the state.

Answer 8

It has to be sold so the Government can take their share

Answer 9

unsure but would like the answer,how about power of attorney?