In probate of an estate, which of the following is the last to receive payment, if any?
Correct Answer
C) Heirs
Under California Probate Code Section 11420, the order of payment from an estate places heirs and devisees absolutely last — they receive only what remains after all debts, taxes, administration expenses, and creditor claims have been fully satisfied. This makes logical sense because heirs have no independent legal claim to assets that are needed to pay the decedent's obligations — they inherit only the net estate. The question asks who is paid last 'if any,' acknowledging that in some estates, debts consume all assets and heirs receive nothing.
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Related Concepts
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.
A title search is an examination of public records to determine the history of ownership, liens, encumbrances, and other interests affecting a property. It verifies that the seller has the legal right to transfer the property.
A transfer tax is a tax imposed by state, county, or local government on the transfer of real property from one owner to another. It is typically based on the sale price or a flat rate per dollar of consideration.
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?
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:
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