How is real property owned by a deceased person transferred if no probate estate was ever opened?

The only way to transfer real property owned by a deceased person who died less than ten years ago is to open or reopen a probate estate and obtain a Deed of Distribution. If the deceased died more than ten years ago and no probate file was ever opened, a Determination of Heirs or a Quiet Title legal action must be filed. If the estate has already been closed, a Petition to reopen the Estate based on newly discovered property must be filed.  An attorney will need to prepare this petition.  To whom the property is transferred depends on whether or not the deceased had a will.  If she had a will the property will transfer according to the terms of the will.  If there was no will, then the property will transfer based on the Intestate Succession statute.   If the spouse is alive and there are no children, the spouse will take 100% ownership.  If there are children, then the spouse will take ½ ownership interest and the children will equally share ½ ownership.  If there is no spouse and no children, then a statute determines who will take ownership of the property based on degree of kinship.