When a person dies intestate (without a will), state law dictates who inherits their property through a predetermined order of priority. Typically, the surviving spouse and children are first in line, followed by parents, siblings, and more distant relatives. If no heirs can be found, the property escheats (reverts) to the state.
A property owner dies without a will, leaving a spouse and two adult children. Under the state's intestacy laws, the spouse receives one-third of the estate and the two children split the remaining two-thirds equally. The probate court appoints an administrator to handle the distribution.
Key vocabulary: "intestate" means dying WITHOUT a will; "testate" means dying WITH a will. Escheat is the process by which property goes to the state when there are no heirs — this is a common exam question. Remember: an administrator handles intestate estates; an executor handles testate estates.
Related Terms
Related Concepts
A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.
A general warranty deed provides the greatest protection to the grantee by guaranteeing that the grantor holds clear title and has the right to sell the property. It includes covenants that protect against all defects in title, even those arising before the grantor owned the property.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
Frequently Asked Questions
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