Real Estate in Estate Administration

Question 1

Real property passes directly to…

Answer 1

the beneficiary of the will.

Question 2

A personal representative has no control over the real estate in a will unless…

Answer 2

the decedent specifically empowers the personal representative to sell the real property.

Question 3

Since a creditor may file a claim against real estate against a decedent within one year of death, and a complaint to contest a will may be filed within one year of pobate, title companies typically…

Answer 3

require the executor as seller to hold the proceeds of the sale in escrow until the expiration of the one-year period.

Question 4

Generally, an executor does not have the power…

Answer 4

of sale over real estate.

Question 5

Can a judgment creditor against a one spouse attach to an estate when tenants are by the entirety?

Answer 5

NO.

Question 6

Can a judgment creditor against a one spouse attach to an estate when tenants are joint?

Answer 6

YES

Question 7

When a transfer on death deed is properly executed and recorded, it passes….

Answer 7

title directly to named beneficiaries without probate.

Question 8

A ToDD must be recorded…

Answer 8

in the clerk’s office during ones lifetime.