Property Ownership

Under Virginia law, personal property in a decedent's estate passes:

AThrough the land records

BThrough the probate process administered by the circuit court✓ Correct

CAutomatically to the surviving spouse without probate

DThrough VREB's estate division

Explanation

Both real and personal property in a Virginia decedent's estate pass through probate, administered by the circuit court in the jurisdiction where the decedent was domiciled.

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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).

Easement

A non-possessory right to use another person's land for a specific purpose.

Encumbrance

Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.