Dad died without a will. Can we still sell his house?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
Yes. No will doesn't mean the state takes anything — it means Minnesota's intestacy law decides who inherits, and that list starts exactly where you'd expect: spouse, then children.
On stage The 60-second answer
Captions on · Transcript below
The stage is set.
Chris's video answer is on its way. Until then, the short answer above says the same thing.
The transcript posts with the video.
The longer answer
The path looks almost the same as with a will. Probate opens, the court appoints a personal representative — spouses and heirs have first priority to serve — and that person gets authority to manage and sell the house. The proceeds flow to the heirs the statute names. It's a little more paperwork and sometimes a little more time, but it's the same destination. The one thing intestacy can't supply is your dad's wishes about the small stuff, which is why the family conversations matter more, not less. An attorney should steer this; I'm not a lawyer, and this isn't legal advice.
The house isn't stuck. When the legal side is moving, I'll handle the home itself — quietly, at the family's pace. Call when you're ready.
The next department over
What people in this spot usually ask next.
- Inheritance & probateMom's house still has a mortgage. What happens to it now?Read the answer
- Inheritance & probateHow do we fill out seller disclosures for a house we never lived in?Read the answer
- Inheritance & probateWill we owe capital gains tax when we sell our parents' house?Read the answer
- Inheritance & probateWhat does a personal representative actually do when there's a house to sell?Read the answer
- Divorce & separationDo we have to sell the house in a divorce in Minnesota?Read the answer
- Divorce & separationWhat if my spouse refuses to sell or won't cooperate with the sale?Read the answer
From the editor's desk
“As Founder and Editor, I review, correct, and stand behind every answer.”
Is your situation more specific than the market? That's the one worth talking through.