What happens to property when someone dies?

What happens to property when someone dies?

• A. It passes into the ownership of their personal representatives.
• B. It automatically passes to their descendants.
• C. It is held in trust until probate.
• D. Ownership passes to personal representatives only if there is no will.

Answer: (A)

When someone dies, their property becomes part of their estate and the legal ownership vests in their personal representatives (the executors named in a will or the administrators appointed if there is no will). These personal representatives are responsible for gathering the assets, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries under the will or according to the rules of intestacy if there is no will. Probate is the legal process that validates the will (or confirms heirs) and appoints those leaders to administer the estate. Because of this, property isn’t automatically handed to descendants, nor is it simply held in a trust until probate, and personal representatives exist whether there is a will or not—the former manages the estate in either case.

When someone dies, their property becomes part of their estate and the legal ownership vests in their personal representatives (the executors named in a will or the administrators appointed if there is no will). These personal representatives are responsible for gathering the assets, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries under the will or according to the rules of intestacy if there is no will. Probate is the legal process that validates the will (or confirms heirs) and appoints those leaders to administer the estate. Because of this, property isn’t automatically handed to descendants, nor is it simply held in a trust until probate, and personal representatives exist whether there is a will or not—the former manages the estate in either case.