An owner of real property dies without a will and leaves no locatable heirs. Title to the property passes to:
Correct Answer
B) the state, by escheat
Intestacy statutes distribute a decedent's property to the surviving relatives the statute names, in order of priority. When the search produces no relative who qualifies, the property escheats: title vests in the state under its escheat statute, so that no parcel is left ownerless and off the tax roll. Escheat depends on both conditions being present, no valid will and no heirs, so a decedent who left relatives but no will gets an intestate distribution rather than an escheat.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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