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What happens to my house if I die without a will?
Regardless of whether you have a will or not, your estate will still need to be administered upon your passing away and therefore will be in the control of an executor. However, when you pass away without having drawn up a valid will, your assets will be distributed to your heirs based on the Intestate Succession Act no 81 of 1987. Therefore, if your house is portioned into a few inheritances then the executor of your estate has the authority to sell it and distribute the proceeds to the various heirs or he/she may sell it in order to cover the taxes and fees due, should there be little liquidity in your estate. However, your descendants may decide amongst themselves how to distribute their joint inheritance. If they decide to co-own the house, the house will be transferred into all their names.