PSI Oklahoma Real Estate Practice Test

If a person dies without a valid will but has legal heirs, what happens to their real property?

1. It is sold at auction

2. It is probated and passes to heirs by law of descent

3. It remains in limbo for seven years

4. It transfers to the state

The correct answer is: It is probated and passes to heirs by law of descent

When a person dies without a valid will, their real property is handled according to the laws of descent, which govern the distribution of assets for individuals who pass away intestate (without a will). In this scenario, the property does not simply vanish or get sold at auction; instead, the state’s intestacy laws will determine who the legal heirs are and how the property is to be divided among them. The laws of descent dictate a specific order in which heirs will inherit the decedent’s property, often prioritizing spouses, children, and other close relatives. This legal process ensures that the deceased's assets are transferred in an orderly manner and that the rightful heirs receive what they are entitled to according to the state’s regulations. This handling through probate allows for debts and claims against the estate to be settled before the final distribution, ensuring a fair and lawful transfer of ownership. In contrast, the other options do not accurately reflect the legal ramifications of dying without a will. Properties do not automatically get sold at auction, remain in limbo, or transfer to the state directly unless there are no heirs at all. Instead, the structured process set by the law ensures that the real property goes to the legal heirs as determined by the descent laws.