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Property Ownership & Land UseNational portion

Transfer at Death & By OccupancyReal estate exam study notes

Title passes at death by WILL (testate — real property passes by devise to devisees) or by DESCENT (intestate — state law distributes to heirs).

6 key facts 5 practice questions Reviewed Oct 2026
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Key ideas

  • Title passes at death by WILL (testate — real property passes by devise to devisees) or by DESCENT (intestate — state law distributes to heirs).
  • If there are no heirs and no will, property ESCHEATS to the state.
  • Probate is the court process that proves the will and clears title.
  • Living trusts move property outside probate: the grantor deeds property to the trust, and the successor trustee transfers it at death.
  • Remember the special deaths: a joint tenant's share never probates (survivorship), and a life estate simply ends.
  • Dedication is a voluntary gift of private land for public use (streets in a new subdivision).

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Fair-housing accessibility design rules apply to certain multifamily buildings first occupied after:

What you need to know

If there are no heirs and no will, property ESCHEATS to the state. Probate is the court process that proves the will and clears title. Living trusts move property outside probate: the grantor deeds property to the trust, and the successor trustee transfers it at death. Remember the special deaths: a joint tenant's share never probates (survivorship), and a life estate simply ends. Dedication is a voluntary gift of private land for public use (streets in a new subdivision).

Transfer at Death & By Occupancy: FAQs

Is Transfer at Death & By Occupancy on the real estate exam?

Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.

Is this cheat sheet free?

Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.

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