Also known as: titles by descent · descent · title by inheritance
Written by attorneys · grounded in primary & secondary sources — see below
A method of acquiring ownership of real property by inheritance from a deceased ancestor under statutes of descent and distribution. Title passes by operation of law without a deed from the decedent, though a fiduciary may later execute one to perfect record title.
Timothy Tang died without a will, survived by his daughter Tara Tran. Under the state statute of descent and distribution, Tara received the family farm. Title vested in Tara immediately upon Timothy's death by operation of law, without any deed from Timothy or the estate.
Thaddeus Tran died intestate, leaving rural acreage to his son Theodore Tucker. The probate court confirmed that Theodore acquired title by descent under the applicable statute. No deed from the decedent was required for the transfer to take effect.
Tamara Tan died without a will, survived only by her granddaughter Tonya Takahashi. The court applied the statute of descent and distribution and held that Tonya took title by descent. The property passed directly to her as the sole heir.
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True North Logistics owner Theodore Tucker died intestate. His surviving spouse and two children received the corporate headquarters building by descent. Title vested automatically under the state distribution statute without any deed.
Tara Tran died intestate with no surviving spouse or children. Her cousin Thaddeus Tran established his status as the nearest heir and received the warehouse property by descent. The statute of descent and distribution governed the transfer.
Topaz Mining founder Tamara Tan died without a will. Her three adult children took the mining claims by descent under the probate code. Title passed by operation of law once heirship was determined.
Title by descent passes automatically by operation of law upon the owner's death under statutes of descent and distribution. No deed from the decedent is required, although a fiduciary may later execute one to perfect record title.
Supporting sources
A valid will transfers property by devise rather than descent. When the owner dies intestate, however, title passes by descent under the statute of descent and distribution.
Supporting sources
A pre-existing mortgage lien survives the owner's death. Foreclosure, as a transfer by operation of law, can extinguish a devisee's or heir's interest even after title has passed by descent or devise.
…York City , 438 U. S. 104, 124 (1978) (quoting Goldblatt v. Hempstead , 369 U. S. 590, 594 (1962)). See Epstein, Takings: Descent and Resurrection, 1987 S. Ct. Rev. 1, 4. We have, however, described at least two discrete categories of regulatory action as compensable without case-specific inquiry into the public…