Empty Homes Held Up by Probate and Family Decisions, by State

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Disclaimer: General educational research only — not legal, tax or financial advice. Rules differ by state and by family. Talk to an estate planning attorney in your state before you act.

When someone dies or moves into care, the house often just sits. Nobody lives there, nobody is selling it yet, and the family is waiting on a court, a decision or each other.

The Census Bureau tracks this. In its American Community Survey (ACS) for 2024, 99,426 vacant homes were empty because of legal proceedings, a category that includes homes held for settling an estate, homes in probate and homes whose owner has died. Another 1,084,764 were empty for personal or family reasons, such as an owner in assisted living, a family keeping the home, or an owner still deciding what to do. Together that’s 1,184,190 homes, about 80.7 of every 10,000 housing units (0.8%).

If you own a home, a few documents decide whether it sits empty for a year or passes quickly to your family. See whether a trust or a will fits your situation.

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Key findings

  • 99,426 homes (±6,418) were vacant because of legal proceedings in 2024. The Census definition covers estate settlement, probate, a deceased owner, divorce or eviction cases, and code violations. The survey doesn’t split out probate alone.
  • 1,084,764 homes (±25,118) were vacant for personal or family reasons, the largest single reason in the Census “other vacant” group (22% of those homes).
  • Highest combined rates per 10,000 housing units: West Virginia (322.0), Louisiana (282.8), Mississippi (246.5), Alabama (231.5) and Oklahoma (164.2).
  • Lowest combined rates: Colorado (24.5), Nevada (31.3), New Jersey (32.4), Oregon (34.2) and Washington (35.4).
  • Where the legal-proceedings estimate is reliable enough to compare, the highest rates are Alabama (19.4 per 10,000), Mississippi (17.4 per 10,000) and New York (13.0 per 10,000). In 33 of the 51 places shown (50 states plus D.C.), that count is too small for a firm state estimate (flagged in the table).
  • Largest numbers held up by legal proceedings: New York (11,299), California (7,249), Texas (6,790), Florida (6,316) and Ohio (6,106).
  • The legal-proceedings count has stayed between about 91,000 and 109,000 a year from 2021 to 2024 (ACS 1-year estimates). Personal and family vacancies fell from 1,259,125 in 2021 to 1,084,764 in 2024.

Empty homes by state

State Housing units Vacant: legal proceedings Margin of error Per 10,000 units Reliable state estimate? Vacant: personal or family reasons Margin of error Combined per 10,000 units
West Virginia 866,433 1,571 ±802 18.1 Use with caution 26,328 ±3,335 322.0
Louisiana 2,138,882 1,634 ±708 7.6 Yes 58,844 ±4,925 282.8
Mississippi 1,359,223 2,364 ±905 17.4 Yes 31,138 ±3,649 246.5
Alabama 2,381,771 4,630 ±1,045 19.4 Yes 50,507 ±4,969 231.5
Oklahoma 1,800,427 1,431 ±387 7.9 Yes 28,130 ±1,937 164.2
Arkansas 1,421,029 1,424 ±737 10.0 Use with caution 21,480 ±2,998 161.2
South Carolina 2,531,310 2,521 ±1,128 10.0 Yes 34,662 ±4,306 146.9
Kentucky 2,051,004 1,958 ±752 9.5 Yes 27,413 ±3,445 143.2
New Mexico 973,944 1,033 ±756 10.6 Use with caution 11,917 ±1,865 133.0
Hawaii 572,824 849 ±641 14.8 Use with caution 5,969 ±1,382 119.0
Alaska 329,757 114 ±99 3.5 Use with caution 3,754 ±826 117.3
Iowa 1,458,471 1,213 ±817 8.3 Use with caution 15,242 ±2,365 112.8
Georgia 4,668,796 3,998 ±1,397 8.6 Yes 44,264 ±3,977 103.4
Tennessee 3,243,954 1,898 ±1,013 5.9 Use with caution 31,366 ±4,063 102.5
Virginia 3,746,211 2,014 ±1,029 5.4 Use with caution 36,026 ±3,159 101.5
North Carolina 5,073,509 4,179 ±1,559 8.2 Yes 46,461 ±4,444 99.8
South Dakota 423,705 232 ±330 5.5 Use with caution 3,862 ±929 96.6
Maine 764,713 1,178 ±770 15.4 Use with caution 6,104 ±1,569 95.2
Vermont 343,166 471 ±459 13.7 Use with caution 2,783 ±915 94.8
Ohio 5,336,168 6,106 ±1,491 11.4 Yes 38,954 ±4,231 84.4
Kansas 1,310,001 415 ±307 3.2 Use with caution 10,553 ±1,817 83.7
Missouri 2,858,527 2,510 ±970 8.8 Yes 21,255 ±2,708 83.1
Texas 12,616,736 6,790 ±1,636 5.4 Yes 97,803 ±6,253 82.9
Indiana 3,026,101 2,422 ±1,120 8.0 Yes 22,625 ±3,546 82.8
Montana 539,622 332 ±341 6.2 Use with caution 4,009 ±1,142 80.4
Nebraska 880,521 262 ±187 3.0 Use with caution 6,564 ±1,240 77.5
North Dakota 380,994 0 ±175 0.0 Use with caution 2,946 ±944 77.3
Illinois 5,482,133 2,294 ±873 4.2 Yes 39,207 ±3,783 75.7
New York 8,676,911 11,299 ±2,111 13.0 Yes 54,039 ±4,718 75.3
Wyoming 281,789 18 ±31 0.6 Use with caution 2,068 ±916 74.0
Delaware 476,415 525 ±596 11.0 Use with caution 2,920 ±1,444 72.3
Rhode Island 488,011 91 ±111 1.9 Use with caution 3,423 ±1,317 72.0
Idaho 832,052 768 ±498 9.2 Use with caution 5,151 ±1,422 71.1
Pennsylvania 5,861,320 3,642 ±1,225 6.2 Yes 37,809 ±3,292 70.7
District of Columbia 368,700 409 ±390 11.1 Use with caution 2,185 ±949 70.4
Michigan 4,669,109 2,708 ±1,037 5.8 Yes 26,069 ±2,975 61.6
Florida 10,629,845 6,316 ±1,436 5.9 Yes 51,373 ±5,192 54.3
New Hampshire 657,198 587 ±510 8.9 Use with caution 2,894 ±1,265 53.0
Utah 1,283,206 288 ±332 2.2 Use with caution 6,014 ±1,688 49.1
Maryland 2,588,337 71 ±116 0.3 Use with caution 12,521 ±2,272 48.6
Minnesota 2,597,229 654 ±399 2.5 Use with caution 11,560 ±2,021 47.0
Wisconsin 2,820,538 686 ±445 2.4 Use with caution 12,541 ±2,242 46.9
Massachusetts 3,057,853 1,230 ±872 4.0 Use with caution 12,731 ±2,410 45.7
Connecticut 1,554,057 824 ±522 5.3 Use with caution 6,161 ±1,891 44.9
Arizona 3,299,178 1,515 ±975 4.6 Use with caution 12,773 ±2,225 43.3
California 14,877,017 7,249 ±1,808 4.9 Yes 55,392 ±4,908 42.1
Washington 3,400,980 953 ±793 2.8 Use with caution 11,084 ±2,411 35.4
Oregon 1,896,851 903 ±598 4.8 Use with caution 5,585 ±1,825 34.2
New Jersey 3,816,432 1,148 ±648 3.0 Use with caution 11,205 ±2,095 32.4
Nevada 1,365,893 1,567 ±944 11.5 Use with caution 2,714 ±1,167 31.3
Colorado 2,662,111 132 ±135 0.5 Use with caution 6,386 ±1,338 24.5
United States 146,740,964 99,426 ±6,418 6.8 Yes 1,084,764 ±25,118 80.7

Source: U.S. Census Bureau, ACS 2024 1-year, table B25130 (Other Vacancy Status) and table B25001 (Housing Units). Sorted by combined rate. “Use with caution” means the coefficient of variation is above 30%.

The national picture, 2021 to 2024

Year Vacant: legal proceedings Margin of error Vacant: personal or family reasons Margin of error All vacant homes
2021 91,465 ±7,097 1,259,125 ±21,668 14,603,320
2022 95,586 ±6,530 1,153,492 ±29,002 13,901,967
2023 108,963 ±7,408 1,123,811 ±25,155 14,001,102
2024 99,426 ±6,418 1,084,764 ±25,118 14,003,818

Source: U.S. Census Bureau, ACS 1-year estimates, table B25130 and table B25004, 2021–2024. The ACS began publishing 1-year estimates for other vacancy status in 2021.

Why an empty house costs the family

A house in probate usually can’t be sold until the court gives the executor authority. Until then, someone still has to pay the property tax, the insurance, the utilities and any mortgage, and someone has to check on the place.

  • Insurance gets thinner the longer a home sits empty. New York’s insurance regulator notes that the standard fire policy lets an insurer refuse losses after a building has been vacant or unoccupied for more than 60 days in a row, and a common homeowners form excludes vandalism after 30 days of vacancy. Call the insurer as soon as the owner dies or moves out.
  • Property tax keeps coming. See property tax after inheritance by state.
  • Heirs who disagree can stall a sale for years. When a home passes without a will to several heirs, each one owns a share. See heirs’ property and disaster aid.

How to keep your home from sitting empty

  • Use a living trust or a transfer-on-death deed. A home held in a funded living trust can be managed or sold by your successor trustee without probate. Many states also allow a transfer-on-death deed that passes the house straight to a named beneficiary. See avoiding probate and funding your trust.
  • Sign a durable power of attorney. If you move into assisted living or can no longer manage things, your agent can rent, sell or maintain the house. Without one, the family may need a court guardianship first.
  • Write down what you want done with the house. Sell it, keep it in the family, or let one child buy out the others. A clear plan cuts down on the “deciding what to do” months.
  • Name an executor who lives close enough to help, or give them the authority and money to hire help.

Related: second homes and the second-probate problem · homes owned by older Americans by state · inherited home value by state

Related research: seniors sharing a home with a sibling or housemate shows how a deed in one person’s name can leave a sibling or housemate without a home when the owner dies (2,222,289 people 65+, Census ACS 2024).

Related research: once probate opens, most states require a newspaper notice to creditors before the estate can settle. probate notice to creditors by state compares the publication rules and claim deadlines, which run from 60 days in West Virginia to 8 months in South Carolina.

Related research: many inherited houses do get lived in. See inherited homes in America: about 3.47 million owner-occupied homes in 2023 had been received as a gift or inheritance, and another 369,000 second or seasonal homes were owned partly because they were inherited.

Methodology

Census Bureau ACS 2024 1-year estimates, pulled from the Census Data API on Oct. 19, 2026, for the 50 states, D.C. and the U.S. Table B25130 (Other Vacancy Status) splits the “other vacant” homes in table B25004 into reasons. We used line 4 (Legal proceedings) and line 3 (Personal/Family reasons). Rates divide by all housing units in table B25001 and are shown per 10,000 units. The combined margin of error uses the Census approximation (square root of the sum of squared margins). We flag a state’s legal-proceedings estimate when its coefficient of variation (standard error divided by the estimate) is above 30%. Puerto Rico is excluded.

Census definitions. Legal proceedings: “units held for the settlement of an estate, in probate, involved in divorce or eviction proceedings, or where the owner is deceased. This also includes units with code violations.” Personal/family reasons: “the owner does not want to rent or sell, the owner is deciding what to do, the owner is keeping for family use, the owner is staying with family, or the owner is in assisted living or another type of care situation.” (ACS 2024 Subject Definitions.)

What this doesn’t measure. The ACS can’t tell us how many of these homes are in probate specifically, how long each has been empty for this reason, or who owns it. Reasons are reported by a respondent or recorded by a Census field representative, and they may know little about a vacant home, so some homes land in the “other” category instead. The large differences between states, especially in personal and family vacancies, may partly reflect how homes get classified; the survey doesn’t record more detail about why. Seasonal and vacation homes are a separate vacancy category and are not counted here. These are survey estimates with margins of error; small differences between states may not be meaningful.

Frequently asked questions

How many U.S. homes are empty because of probate or an estate?

The Census Bureau counted 99,426 vacant homes held up by legal proceedings in 2024, a group that includes probate, estate settlement and homes whose owner has died, plus some divorce, eviction and code-violation cases.

Which state has the most?

By count, New York (11,299). By rate, among states with reliable estimates, Alabama (19.4 per 10,000 housing units).

Can I keep my house out of probate?

In most states, yes. A funded living trust, a transfer-on-death deed where allowed, or joint ownership with right of survivorship can pass a home without probate. The right choice depends on your state and your family.

Is this legal advice?

No. Talk to an estate planning attorney in your state.

Sources

Public-domain government sources only. Fetched 2026-10-19.

Data

Related data

More in Probate, wills and family situations.

Cite this data

Family Estate Guide, “Empty Homes Held Up by Probate and Family Decisions, by State,” October 2026. https://familyestateguide.com/estate-planning-data/empty-homes-probate-by-state/

You’re welcome to reuse the table with a link back to this page. The underlying government data is public.

Published October 19, 2026 by Family Estate Guide. Data vintage: Census ACS 2024 1-year, table B25130. Editorial standards.