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
- U.S. Census Bureau, ACS 2024 1-year, table B25130 (Other Vacancy Status): https://api.census.gov/data/2024/acs/acs1/groups/B25130.html
- U.S. Census Bureau, ACS 1-year, tables B25004 (Vacancy Status) and B25001 (Housing Units), 2021–2024: https://api.census.gov/data/2024/acs/acs1/groups/B25004.html
- U.S. Census Bureau, ACS and PRCS 2024 Subject Definitions (Other Vacancy Status): https://www2.census.gov/programs-surveys/acs/tech_docs/subject_definitions/2024_ACSSubjectDefinitions.pdf
- New York State Department of Financial Services, Supplement No. 1 to Insurance Circular Letter No. 23 (2008), vacancy and unoccupancy exclusions: https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2009_cl2008_23_s01
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.