When a person dies testate, the real property
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escheats and is sold at an auction by the
Escheats occurs when property passes to the state when there are no legal heirs or beneficiaries, which only happens in intestate cases, not testate situations. The question specifically addresses testate death, so escheat does not apply.
goes to the next of kin.
Going to the next of kin applies to intestate succession, when someone dies without a will. Since the question specifies testate death (with a will), property distribution follows the will's instructions, not kinship lines.
passes to the devisee.
goes to the administrator.
An administrator is appointed to handle an estate when someone dies without a will (intestate). In testate cases, an executor named in the will handles the estate, not an administrator.
Why is this correct?
When a person dies testate, real property passes to the devisee as specified in the will. 'Devise' is the specific legal term for property transferred by will, making 'devisee' the correct term for the recipient of real property under a will.
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