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When a person dies testate, the real property

Correct Answer

C) passes to the devisee.

Dying testate means dying with a valid will. Real property given by will is a devise and the person who receives it is the devisee, so the property passes to the devisee once the will is admitted to probate. Escheat to the state and distribution to next of kin under the intestacy rules operate only when there is no will, and an administrator is the representative a court appoints for an intestate estate, while a will names an executor.

Answer Options
A
escheats to the state.
B
goes to the next of kin.
C
passes to the devisee.
D
is distributed by an administrator.
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Related Topics & Key Terms

Related Topics:

probate-processintestate-successionestate-planning

Key Terms:

testatedeviseeprobateintestate successionCalifornia Probate Code

Related Concepts

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

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