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The Daily Insight

How is real property conveyed to heirs when a person dies without a will?

Author

Ava Robinson

Published Feb 24, 2026

When a person dies intestate, the probate court appoints an administrator. The Administrator’s Deed conveys ownership of property held by the deceased. After a court-ordered sale of the property, when the court so authorizes: Pay out the proceeds as the court order directs: to the creditors, heirs, or into the court.

What happens to properties when the owner dies?

With some forms of ownership, one owner’s property interest automatically passes on death to surviving owners. All of a deceased’s assets and debts taken together is called her estate. In probate, the executor collects estate assets, locates and pays outstanding debts and locates beneficiaries and/or heirs.

What happens if someone is paying property tax on his deceased mothers?

While I am a NY attorney and cannot advise you as to your state’s laws, I don’t think you have been properly informed — paying property taxes does not bestow ownership on the payor. If the deed was in your mother’s name alone and she was not married at the time she passed away, I imagine that the real property should vest in you and your siblings.

Can a deceased relative file for property tax exemption?

Considerations. After an heir takes possession of the home, he may be able to file for these exemptions himself as long as he meets the requirements. If you were not an owner of your deceased relative’s home or a cosigner on the loan, you are not liable for property taxes and no one can force you to pay them.

What happens to my mother’s estate if I have no parents?

If no parents are alive, then the estate passes in equal shares to you and your siblings. If your mother was single with children, then the estate would pass in equal shares to the children.

Can a child buy out the interest on property tax?

You did not mention, though, if the child who has been paying the taxes has also been living in the home since mom’s death. There may be an option of a buy out of the two children’s interest by the child paying the taxes.