Escrow & TitleIntermediateDelaware Exam

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 probatedCorrect
CThe transfer of title through a specific bequest in a will
DAn automatic, unconditional transfer of title solely to a surviving spouse immediately upon the owner's death, though specifics can vary by situation

Why The statutory order in which heirs inherit property when the owner dies without a valid will, which may create title issues if not properly probated Is Correct

Answer B: The statutory order in which heirs inherit property when the owner dies without a valid will, which may create title issues if not properly probated

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.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

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