Deceased owner. No mortgage. No heirs. Any options?

Question

I came across a property in Orange County, CA where the owner passed away last year. Property is not under a trust. Neighbor told me he was from Europe with no family here. I did a peoplefinders search and did not find any family members. There is no mortgage on it.  Is there any way to acquire this property?   I came across a mention that i can run a genealogy report and take that to the court and purchase it from the county.  However, I'm not sure if that's something that can be done in California.

Clint Votruba · Answer

You:  Your honor, I am requesting that an intestate probate case be opened and that I be appointed as the Administrator of the estate.

Judge:   And who are you as it relates to the decedent?

You:    I am a lienholder.

Judge:   And what are the circumstances of your becoming a lienholder?

You:    I mowed the lawn to the house owned by the decedent and I have not been paid.

Judge:   And did you enter into an agreement with the decedent to mow his lawn, either verbal or in writing?

You:      No your honor, the decedent was dead when I started mowing the lawn.

Judge:   Then why did you begin to mow the law if no one agreed to pay you money for mowing the lawn?

Let's stop there.

Can someone tell me how you would respond to the Judge's last question?

Bruce Lynn · Answer

How do you know they don't have heirs?   Possible, but not probable.   No brothers, sisters, cousins?  Probably someone out there that has an interest, even if they don't know about it or maybe care about it.   You need to find them.   Online websites probably are not going to find heirs in another country for you.   Probably have to do more research.

Chris Seveney · Answer

From an attorneys website

If a deceased person dies intestate and has no parents, children, spouse or siblings, the inheritance rights will pass to any nieces or nephews that are living. If this is not successful, the inheritance will pass to grandparents, aunts and uncles, and more distant relatives. If an attempt to find a surviving relative is unsuccessful, the probate estate will escheat to the State of California.

John Underwood · Answer

I would speak to a local attorney.

Maybe start mowing grass then put a lien against property and foreclose? ask attorney.

Google "Adverse Possession" for California and see what law is for your state.

Buy it at Delinquent Tax Sale auction?

Will Sifert · Answer

Assuming there are no heirs or creditors, the first problem the property will run into is keeping up with the lawn (if that is an issue for this property in CA, I have no idea.) If it does, the municipality will warn them then do the work and lien the property. As long as the house is in good shape it wont be risk of being condemned and demolished.

So, I think the property taxes not being paid will likely be the first trigger to get the property back in commerce. I don't know how California works, but after a certain period of time that the property taxes are not paid, the ownership of the house will eventually transfer to someone who acquired it through the property tax sale.

Joe Homs · Answer

@Ivan Vargas I think this is a scam.  I have had several people reach out to me with the exact same story.  The only way to do this is via Probate.  You will need to find the heirs and the story goes on that the "son" wants nothing to do with his fathers property.

Good Investing...

Mark Pedroza · Answer

Whomever is the PR (Personal Representative) of the estate, Notice of Petition, Order of Probate and Letters of Administration would have to be filed by the PR for you to legally purchase the subject property.

The PR would have to publish, as well, Notice of Petition to Administer Estate in the local adjudicated newspaper to notify creditors (if any)..

Ned Carey · Answer

@Ivan Vargas

"I came across a mention that i can run a genealogy report and take that to the court and purchase it from the county."

I doubt it is nearly that simple but it does have a slim basis of truth.  If a property owner has no heirs then at death it "escheats" to the state. It other words the the state takes ownership. How that process works would vary by state law. Then once the state owns it, it can choose to sell it. My guess is usually by public auction. Or they may order an appraisal and expect you to pay market or close to market value. This also is probably determined by state law.

While it is possible that the process you suggest may work in some states I doubt it. One significant problem would be that you said he is from Europe with no heirs here.  If he has Heirs in Europe they would be the rightful owners and that is going to be hard to research/prove.

This is a rare and technical part of the law so you aren't likely going to find a specific answer here on a forum. I would search the term Escheat in CA and maybe see if you can find specific state statues. Ultimately you are probably going to need an attorney's help.

• My guess is the escheat route won't go anywhere.  But you will learn a lot in the process.   
• My next guess is the best way for you to acquire it is through adverse possession.  Although I don't think that is going to be very practical either. 
• My last guess is the most likely end result is it will sell in tax sale at auction.  When that happens you will have competition and there will be no bargain to be had.

Will Sifert · Answer

That is correct, escheat. I bet every state is like that, no heirs, it goes to the state. IMO this person's best option is to try to get the property at tax sale. It won't be redeemed so they will end up being able to quiet title.

Will Sifert · Answer

Good luck in that scenario getting the power turned on too.

Deceased owner. No mortgage. No heirs. Any options?

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