Property Ownership
In Alabama, title to real property held by a deceased person passes either through:
AEminent domain or adverse possession
BA valid will (testate) or the laws of intestate succession if no will exists✓ Correct
CProbate only if the property is worth over $100,000
DAREC-facilitated transfer
Explanation
When a property owner dies, title passes according to the terms of their will (testate succession), or according to Alabama's laws of intestate succession if they die without a valid will.
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Key Terms to Know
Adverse Possession
A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
State-Specific Concepts
AREC Regulation
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