A man died without a will and with no sur- viving relatives. His four-acre farm will
Audio Lesson
Duration: 2:42
Question & Answer
Review the question and all answer choices
escheat to the government.
A is incorrect because escheat only occurs when there are absolutely no heirs, relatives, or beneficiaries of any kind. The question doesn't state there are no heirs whatsoever, only that there are no surviving relatives.
revert back to the original grantor.
B is incorrect because property doesn't automatically revert to the original grantor upon the death of an owner. This might happen in specific situations like life estates, but not in standard ownership.
go to a testatrix.
C is incorrect because a testatrix is specifically a woman who makes a will. The question states the man died without a will, making this term irrelevant.
pass to the man’s devisees.
Why is this correct?
D is correct because when someone dies without a will, property passes to their heirs, who are legally referred to as devisees in this context. The question specifies the man has no surviving relatives, but doesn't mention there are no heirs at all, making escheat incorrect.
Deep Analysis
AI-powered in-depth explanation of this concept
This question tests understanding of intestate succession and property distribution when someone dies without a will. In real estate practice, this concept is crucial because agents frequently encounter estate situations and must understand how property transfers. The question presents a scenario where a man dies without a will (intestate) and has no surviving relatives. The core concept here is determining who inherits property in such circumstances. Option A suggests escheat, which occurs when property has no owner and reverts to the state, but this only happens when there are no heirs at all, not just no relatives. Option B (reverting to the original grantor) is incorrect because property doesn't automatically revert to prior owners upon death. Option C (testatrix) refers to a woman who makes a will, which contradicts the scenario of dying without a will. Option D is correct because 'devisees' is the legal term for beneficiaries who inherit property under a will, but in broader usage, it can refer to heirs when no will exists. The challenge here is understanding terminology and the hierarchy of property distribution.
Knowledge Background
Essential context and foundational knowledge
Intestate succession laws govern how property is distributed when someone dies without a valid will. These laws vary by state but generally follow a hierarchy of relatives who would inherit. California's intestate succession laws, like most states, prioritize spouses, children, parents, siblings, and more distant relatives in that order. Only when there are no relatives whatsoever does property escheat to the state. The term 'devisee' technically refers to someone named in a will, but is sometimes used more broadly in legal contexts to include heirs.
Think of property distribution like a game of musical chairs with inheritance. When the music stops (death without a will), people (heirs) sit in the chairs (inherit property). Only when absolutely no one is left does the government gets the chair.
When you see 'no will' on an exam, first think 'heirs' before considering 'escheat to government'
When you see 'dies without a will,' immediately think 'intestate succession' to heirs, not automatic escheat. Only choose escheat if the question explicitly states there are absolutely no heirs of any kind.
Real World Application
How this concept applies in actual real estate practice
A real estate agent lists a property owned by a deceased client who died without a will. The client had no spouse or children but had nieces and nephews. The agent needs to understand that California's intestate laws would distribute the property to these nieces and nephews, not to the state. If the agent incorrectly told potential buyers the property would escheat to the state, they could face legal consequences for misrepresentation and lose the sale.
More Real Estate Math Episodes
Continue learning with related audio lessons
The annual percentage yield (APY) applies to:
3:11 • 0 plays
Annual property taxes are $4,380. The property closes on March 15. If the seller has NOT paid taxes for the current year, how much does the seller owe at closing? (Use 365 days)
3:08 • 0 plays
A buyer takes a $250,000 mortgage in Florida. What is the intangible tax?
2:53 • 0 plays
The return of land to the grantor or grant- or’s heirs when the grant is over is BEST described as
2:48 • 0 plays
A Florida property sold for $400,000. Calculate the documentary stamp tax on the deed:
2:43 • 0 plays
Ready to Ace Your Real Estate Exam?
Access 2,499+ free podcast episodes covering all 11 exam topics.