Elena is purchasing a home in Long Beach, California. During the title search, the title company discovers that a previous owner died intestate (without a will) 10 years ago, and the property was transferred through a probate court proceeding. The heir who received the property then sold it to the current seller via grant deed. Elena is concerned about the strength of her title. Her agent should advise her that:
Correct Answer
B) The title should be insurable because the probate court order is a legal transfer method, and title insurance will cover any defects in the probate proceedings
Probate court transfers are a recognized legal method of conveying property in California. When a property passes through probate, the court order confirming the sale or distribution serves as the basis for the transfer. Title insurance companies routinely insure properties that have passed through probate proceedings. The title insurance policy would protect Elena against any defects that may have occurred during the probate process.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Transfer Of Property Question
Background Knowledge for Transfer Of Property
Real World Application in Transfer Of Property
Common Mistakes to Avoid on Transfer Of Property Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
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.
More Transfer Of Property Questions
Taylor Torres wants to give the buyer the most complete deed protection, promising to defend title against lawful claims arising at any time in the chain of title. Which deed should be used?
In probate of an estate, which of the following is the last to receive payment, if any?
Assume the contract for the sale of real property includes the sale of certain removable items, such as paintings and furniture. Upon delivery of the deed, the seller also should deliver
A man died without a will and with no surviving relatives. His four-acre farm will
When the administrator of an estate sells a parcel:
- → Kevin buys a home in Oakland and takes a CLTA standard coverage owner's policy at closing. Eight months later a contractor who had finished work for the prior owner before the sale records a mechanic's lien against the property. Nothing about that work or the contractor's claim appeared in the public record on the date Kevin's policy was issued. How is Kevin's claim under his policy most likely to be treated?
- → 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?
- → Under California law, which of the following must the seller of a single-family residence certify to the buyer in writing when the property is transferred?
- → County records show that Frank owns a property. Chad deeds that property to Melody. Chad’s deed is considered:
- → A California buyer's agent explains the concept of 'split escrow' to her client. In California, what does the term 'split escrow' refer to?
- → All of the following are sufficient to transfer an interest in real estate, except:
- → Alycia deeds property to Bernice for life, and then to Cynthia if Cynthia is living when Bernice dies. While Bernice is alive, what does Cynthia hold?
- → A foreign investor (non-U.S. person) sells a California rental property for $800,000. The property carries a mortgage balance of $700,000. The escrow officer calculates that the combined federal FIRPTA withholding (15%) and California state withholding (3 1/3%) totals about $146,667, which exceeds the seller's net equity of $100,000 after paying off the mortgage. What is the most appropriate course of action?
- → In a deed, the clause that defines the nature of the estate being granted is the:
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
How to Review Real Estate Ownership Transfer Questions Without Losing the Sequence
A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for review real estate...
Why Real Estate Ownership Review Gets Easier After You Sort Rights by Possession, Use, and Transfer
A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for real estate ownership...
Why Property Rights Questions Get Easier After You Sort Possession, Use, and Transfer Separately
A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for property rights...
Previous Question
An investor in California holds title to a commercial property through an LLC. The investor wants to sell the property. The buyer's title company issues a preliminary title report. In reviewing the report, the buyer notices that a deed of trust from a prior owner was never formally reconveyed after the underlying loan was paid off. What document must be obtained to clear this title issue?
Next Question
A property owner in Ventura County, California, signs a grant deed transferring his home to his friend but places the deed in his safe deposit box with instructions to deliver it upon his death. The owner dies two years later, and the deed is found. Under California law, is this a valid transfer?