Property OwnershipIntermediateDelaware Exam

What is 'probate' and how does it affect Delaware real estate transfers upon death?

ASimply a criminal law process that has absolutely no legal effect whatsoever on civil real estate transfers, in general
BThe legal process of validating a will and administering a deceased person's estate under court supervisionCorrect
CA voluntary process only used when requested by the heirs
DA process administered by the Delaware Real Estate Commission

Why The legal process of validating a will and administering a deceased person's estate under court supervision Is Correct

Answer B: The legal process of validating a will and administering a deceased person's estate under court supervision

Probate is the court-supervised process of validating a will and administering an estate. Delaware real property held solely in the decedent's name must pass through probate before it can be sold — the executor gets court authority to execute a deed.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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