California Real Estate Broker ExaminationTransfer of PropertyMedium
A property owner passes away without a valid will. The distribution of their real and personal property will be determined by the laws of:
- AEminent Domain
- BTestate Succession
- CProbate
- DIntestate Succession
Show answer & explanationAnswer & explanation
Correct answer: D. Intestate Succession
When a person dies without a valid will, their property is distributed according to the laws of intestate succession, which specify the legal heirs.
Why the other options are wrong
- A. Eminent Domain is the government's right to take private property for public use.
- B. Testate Succession occurs when a person dies with a valid will.
- C. Probate is the legal process of proving a will and settling the estate, which occurs whether there's a will or not.
Intestate Succession
The legal process by which a deceased person's property is distributed to their heirs when they die without a valid will.
- Applies when no valid will exists
- State laws determine heirs (e.g., spouse, children, parents)
- Property passes through probate court
- Can be complex and time-consuming
Memory trick: Intestate: 'In' without a will, the state steps 'in'.