California Real Estate Broker ExaminationTransfer of PropertyEasy
A homeowner died without a will, and the court appointed an administrator to manage the decedent's estate. Part of the estate includes real property. To transfer this property to the legal heirs, the administrator must follow a legal process. What is this process called?
- AQuiet title action
- BProbate
- CEscheat
- DTestate succession
Show answer & explanationAnswer & explanation
Correct answer: B. Probate
When a person dies without a will (intestate), the court oversees the distribution of their assets, including real property, through a process called probate. The administrator manages this process according to state law.
Why the other options are wrong
- A. A quiet title action is a lawsuit brought to establish a party's title to real property against anyone and everyone, and to 'quiet' any challenges or claims to the title.
- C. Escheat occurs when property reverts to the state because an owner dies without a will and without legal heirs.
- D. Testate succession refers to the distribution of property according to a valid will.
Probate
The legal process of verifying a will (if any) and administering the estate of a deceased person, including distributing assets to heirs or beneficiaries and settling debts.
- Required for both testate (with a will) and intestate (without a will) estates
- Overseen by a court
- Involves appointing an executor (with will) or administrator (without will)
Memory trick: After death, 'PROBATE' ensures 'ORDERLY' transfer.