After someone dies, probate helps distribute their assets. If there’s no will, state law decides. Children may inherit the home and choose to keep or sell it.
FORT LAUDERDALE, Fla. – Question: Our mother recently passed away in Florida. I live in another state, so the last year before she died, my brother moved in with her to be able to help. The house was owned for decades by both our parents, and our father passed away some time ago. My sister and I want to sell the house, but our brother wants to keep living there. We get along well enough, but are at a deadlock on this issue. Our mother did not have a will. What will happen to the house? — Ralph
Answer: After a person passes away, the legal process known as “probate” comes into play. This court-managed process involves gathering and distributing the deceased’s assets, including their home.
When an individual passes away with a will, their probate process is termed “testate,” with the will serving as guidance for the distribution of their assets.
Conversely, if no valid will exists, the estate is considered “intestate,” and the law offers standard instructions for distribution.
Determining heirs can sometimes be complicated, but typically, the spouse inherits first, followed by children and then grandchildren. If none of these relatives are available to inherit, the decedent’s parents are next in line, then siblings, and so on, according to a statutory order.
Read more: https://www.floridarealtors.org/news-media/news-articles/2025/05/real-estate-qa-who-inherits-house