Escrow & Title

What is 'intestate succession' and how does it affect title to real property in Delaware?

ASuccession of title through a living trust
BThe statutory order in which heirs inherit property when the owner dies without a valid will, which may create title issues if not properly probated✓ Correct
CThe transfer of title through a specific bequest in a will
DAutomatic transfer of title to a surviving spouse upon death

Explanation

When a Delaware property owner dies intestate (without a will), title passes to heirs according to Delaware's intestacy statutes through probate. Until the estate is properly administered and a deed is recorded, the title may be clouded.

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