A man executed a will. After his death, the probate court declared the will invalid because it did not meet the state law requirements. Who will receive title to the man’s real estate?
Correct Answer
B) The heirs identified by the state laws of intestate succession
A will that fails the statutory formalities has no legal effect, so the estate passes exactly as though the decedent had left no will at all. California Probate Code sections 6400 through 6414 then control the distribution, running first to the surviving spouse and the decedent's issue and outward along the statutory line of parents, siblings, and more remote kindred. The people named in the voided document take nothing, because the instrument that would have given them the property no longer exists. Escheat reaches the property only in the rare case where the intestate hierarchy produces no heir at all.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
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.
Title insurance is a policy that protects the insured party against financial loss from defects in title that were not discovered during the title search. Unlike other insurance, it covers past events rather than future risks.
More Transfer Of Property Questions
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In probate of an estate, which of the following is the last to receive payment, if any?
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When the administrator of an estate sells a parcel:
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- → Owner A received a deed to a California property in January 2024 and recorded it that same month. In March 2024 the same grantor deeded the property to Owner B, who paid fair market value, searched no records, and recorded immediately. Under California's race-notice recording statute, which owner prevails?
- → Under California law, what is the consequence when a property buyer fails to file the Preliminary Change of Ownership Report (PCOR) at the time the deed is recorded?
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- → In a deed, the clause that defines the nature of the estate being granted is the:
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