Escrow & Title
In South Dakota, 'title by descent' refers to property that passes:
ABy a recorded deed from a living grantor
BBy operation of law to heirs when a property owner dies intestate (without a will)✓ Correct
CThrough foreclosure proceedings
DThrough a court-ordered partition sale
Explanation
Title by descent (also called intestate succession) occurs when a property owner dies without a will and the property passes to heirs according to the state's intestate succession laws. South Dakota's intestacy statutes determine the order and proportion in which heirs inherit.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Transfer TaxA tax imposed by state or local governments when real property ownership is transferred, typically based on the sale price.
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