Q: What happens to real estate if left to someone in a will and no probate ever opened?
What happens to real estate if left to someone in a will that is filed in courthouse, and no probate is ever opened? After what time period does something happen? Do states differ in how this is handled?
A:
The real estate would continue to be titled in the deceased person's name. If the taxes were not paid, the property could go into tax forfeiture/foreclosure. The property could go into forfeiture in the second year after the real estate taxes became delinquent. Or, if the property were not maintained and became an eyesore/safety hazard, the property could be condemned. That would depend on the condition of the property. This answer is only about Michigan law - for how other states treat this issue, you would need to ask an attorney licensed in the other state.
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