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Pass California

Transfer of Property, 8% of the examination

Intestate succession

Transfer of a deceased person's probate property under statutory inheritance rules when no valid will controls it.

Intestate succession is a transfer by operation of law, not by deed from the decedent. Property held with survivorship rights and assets governed by a valid beneficiary designation can pass outside probate, so first identify how title was held.

See also

Joint tenancyCo-ownership in equal shares with right of survivorship, requiring the four unities of time, title, interest and possession.Community propertyProperty acquired by a married person during marriage other than by gift, bequest, devise or descent.Probate overbidThe court process by which a competing buyer may outbid an accepted offer at a confirmation hearing.

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Types of Ownership

Three people own a property as tenants in common in shares of 50%, 30% and 20%. One dies intestate. What happens?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Transfer of PropertyAll seven official DRE transfer topics in one California-specific guide, from title insurance and deeds to taxes, probate, recording, and vesting.8%Practice Transfer of Property24 questions on this area, every option explained.Practice

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