Property Ownership

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

AA criminal law process having no effect on civil real estate transfers

BThe legal process of validating a will and administering a deceased person's estate under court supervision — real property owned solely by the deceased must pass through probate before title can be transferred✓ Correct

CA voluntary process only used when requested by the heirs

DA process administered by the Delaware Real Estate Commission

Explanation

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.

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Key Terms to Know

Joint Tenancy

Co-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.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Deed of Trust

A security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.