Auctioneer Practice Exam

When does legal title to personal and real property transfer after a person dies testate?

1. Immediately upon death

2. Time of funeral

3. Time after death

4. One year after death

The correct answer is: Time after death

The legal title to personal and real property transfers after a person dies testate at the time after death, once the will has been probated. This process involves validating the will in a court of law, ensuring its legitimacy, and formally addressing the distribution of the decedent's assets according to the stipulations in the will. Until the probate process is completed, the property remains part of the decedent's estate and cannot be legally transferred to the beneficiaries. The choice emphasizing the immediate transfer upon death does not take into account the necessary legal steps that must follow. Similarly, indicating that transfer occurs at the time of the funeral fails to recognize that legal processes, rather than ceremonial ones, dictate the transfer of title. Lastly, stating that transfer takes place one year after death is misleading, as while certain estate matters may take time, there is no set one-year period for title transfer to occur following the probate of a will.