When a person dies testate, the real property
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escheats and is sold at an auction by the
Escheat — the reversion of property to the state — only occurs when a person dies intestate (without a will) AND has no identifiable heirs, making it the last resort disposition, not the outcome when a valid will exists.
goes to the next of kin.
Property going to 'next of kin' describes intestate succession, where California's Probate Code determines heirs by family relationship when no will exists — this is the opposite of the testate situation described in the question.
passes to the devisee.
goes to the administrator.
An administrator is appointed by the court to manage the estate of someone who died intestate (without a will); when a will exists, the court appoints an executor (named in the will) or personal representative, not an administrator.
Why is this correct?
When a person dies testate, real property passes to the devisee — the person named in the will to receive real property — by operation of the will following probate court validation. California Probate Code Section 21102 confirms that the transferor's intent as expressed in the instrument controls the disposition of property, and real property given by will is called a 'devise' while the recipient is the 'devisee.' This terminology is precise and tested frequently: 'devisee' applies to real property recipients under a will, while 'legatee' refers to recipients of personal property.
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