Property Ownership
Under Oregon law, a deceased property owner's real property passes to their heirs through the probate process when:
AThe property is titled in the name of a trust
BThe property is held in joint tenancy with right of survivorship
CThe deceased owned the property individually without a trust or beneficiary designation✓ Correct
DThe property has a transfer-on-death deed recorded
Explanation
Individually owned property without a joint tenancy, living trust, or transfer-on-death deed must pass through the probate process when the owner dies. Probate validates the will (if any), pays debts, and distributes assets to heirs.
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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.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Tenancy in CommonCo-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.
Fee SimpleThe highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.
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