List the 2 ways title can be transferred.

If you have a valid will, you are said to die testate, meaning you have spelled out your intentions completely and legally in your last will and testament.

The deceased person who made the will is called a

Disposition of real property under a will is called a

Disposition of personal property under a will is called a

The party receiving real property are called a

The party receiving personal property are called

An example of a transfer of wills would be a person making a will devises the house to a son and bequeaths an automobile to a daughter.

The will is filed with the

The legal process of probate is performed to

The person named in the will to oversee the administration of the will's provisions is called

What is a holographic will?

What is a codicil?

What is created orally by a person who is near death?

What options does the surviving spouse have?

Do dower and curtesy rights supersede the will?

Two common ways that title to real estate is voluntarily transferred are by

What is transferring privately owned property for public use without compensation?

An example of dedication: A developer dedicates land for a park and roads in a new development.

What is NOT considered a way of transferring title by involuntary alienation?

A person who dies without a will is said to have died

A person who died with a will is said to have died

If a person died intestate, the real property will be disposed according to the

If someone dies without a will, the court will appoint an administrator to

Transferring title by descent is an example of involuntary alienation because the state, not the deceased, determines the disposition of the property

Is eminent domain considered an involuntary alienation?

Which one is NOT a transfer by involuntary alienation?

If a person dies _____, the property will pass to the state through the government power of escheat.

A person can obtain title to a real estate by adverse possession by

Another name for Title by prescription

Accession refers to

A property bordering a river receives increased land through the gradual deposit of sand carried by the river.

Laws that require a tax to be paid when title to real estate is transferred.

Oversees the administration of the will's provisions

A woman who makes a will

A house that is included in the will

A person who receives an automotive under the will

Oral will made near death

A person named to receive a house under a will

A yacht that is included in the will

Created in the testator's handwriting and not witnessed

An amendment or change to the will

A person who complies with the state laws for adverse possession can acquire title to any parcel of land.

Transfer taxes assessed when real estate is sold may be paid by either the buyer or the seller of the property, according to local law and custom.

One of probate's objectives is to pay the debts of the estate

If a person dies without a will, the property will be disposed of by following the federal laws of descent.

All real estate transactions are subject to state transfer taxes.

An action taken by a surviving spouse to receive increased benefits from the deceased spouse's estate, as defined by state law.

A tax imposed by state and local law when title to real estate passes from one party to another.

Rules that are followed to determine the disposition of property for someone who has died intestate.

Transferring title with the owner's consent

The legal process of settling a person's will.

Having died and left a will

Taking title to real estate through the use of the property without the owner's consent.

Transferring title without the owner's consent.

Having died without leaving a will.

A deed is a written instrument that conveys ownership interest in real estate from a grantor to a grantee.

Party receiving ownership

Grantor

Provides the greatest protection for the grantee because the grantor provides various covenants or guarantees that good and marketable title is being given to the grantee.

Which deed gives the grantee the greatest assurance of title and is therefore the most desirable?

Covenants found in general warranty deeds include seisin, encumbrances, quiet enjoyment, further assurance, and warranty forever.

Assurance that the grantor has the power and authority to convey title and has the type of ownership interest that is being conveyed by the deed.

Gives assurance that there are no encumbrances on the property, except those state in the deed.

Able gives Baker a general warranty deed stating that Able is conveying fee simple ownership. In fact, Able has only a determinable fee. The ___ is violated.

Covenant that provides assurance that the title being given by the grantor is good against other parties (may use the property without legal interference from others because no one else has a superior title or claim to the property).

Covenant that promises to perform any reasonable acts necessary to correct defects in the title.

Warranty forever AKA

Assurance that the grantor will pay for expenses to defend the title if it is challenged by someone claiming superior title or compensation for losses if the title fails.

Special warranty deed also known as

The ___ does not contain all the guarantees included in the general warranty deed.

The ___ warrants that the grantor has title and limits the grantor's liability to encumbrances against the property that occurred after she/she acquired the title

This is an example of what: A person files for bankruptcy and the property is sold to satisfy creditors. The trustee handling the property gives a ___ to the buyer that guarantees title against claims only during the time the trustee held the title.

Have no expressed warranties.

Deed with implications that the grantor holds title and has the right to convey it.

Provides the least protection to the grantee.

Example of what deed: Able's name is misspelled on the title. To correct the misspelled name, Able executes a ___ with the correct spelling.

Deed often used to cure technical defects in a title and to eliminate the potential claims against the property from persons with an uncertain or potential interest in the property.

Deed that the grantor is not providing a warranty against acts of previous owners; similar to special warranty deeds.

Administrator's deed

When a person dies testate, an executor is appointed to dispose of the assets. An ___ is given to the grantee to convey title to assets of the estate.

Used to transfer title to property sold by court order to satisfy a judgment.

If a person is legally incompetent, the court appoints a ___ to administer the assets. A person acquiring title from the ___ is given a ___ deed to convey title.

Used to convey title to property in a foreclosure sale.

Used to convey title to property sold for delinquent taxes.

Used to establish a land trust. The trustor ( the party creating the trust) is the grantor and gives the deed to the trustee. The ___ usually accompanies the trust agreement that outlines the trustee's actions.

Used by a trustee to convey title out of a trust.

Also known as deed of reconveyance

Used when a lender requests security for repayment of a real estate loan.

Trust deed also known as

Used by a lender to release the claim against the property created by the trust deed.

Also known as deed of release

A borrower who is in default on a loan secured by the property may give the lender a ___.

Used to convey real estate as a gift.

The grantee wants assurance that the title being given by the grantor is superior to anyone else's claim.

The grantee wants assurance that there are no liens on the

property.

The grantee wants assurance that the grantor will defend the title against claims from others.

The grantee wants assurance that the grantor will correct defects in the title.

The grantee wants assurance that the grantor has the authority to convey title.

Used in connection with a real estate loan

Used to transfer title out of the trust.

Used to transfer title into the trust

A home equity loan lien on the property is not included in the general warranty deed given by the grantor. The covenant against seisin is violated.

A quitclaim deed imposes the least liability on the grantee.

Bargain and sale deeds can come with or without covenants.

A type of deed that contains no guarantees and is frequently used for clearing technical defects in the title

The party receiving an ownership interest

A deed similar to a special warranty deed in which grantors guarantee only that there are no encumbrances for the time they held title.

A written agreement that transfers title from one party to another

A type of deed that includes five standard covenants or guarantees given by the grantor

What is a granting clause (words of conveyance)

What is a habendum clause

This section of the deed is used to describe any existing limits such as easements and other encumbrances to the estate being conveyed.

Limits future use of the property.

A legal description must be included in the deed to clearly identify the property being conveyed.

Refers to property rights and privileges associated with the land and may be conveyed by the deed.

The moment title passes is at the time of ___: when the grantor delivers a valid deed that is accepted by the grantee.

A recording of the deed in the public records; necessary for the title to be good against future interests of third parties

Starts with the words "To have and to hold"

Something of value that is given

States the type of ownership

If there is a difference between the habendum and granting clauses, the habendum clause takes precedence.