Illinois Real Estate Practice Exam

When a property owner dies without a will, their property passes through:

1. Probate

2. Escheat

3. Adverse Possession

4. Intestate Succession

The correct answer is: Intestate Succession

When a property owner dies without a will, the property is distributed according to the laws of intestate succession. Intestate succession is a legal process that determines how the deceased’s assets will be distributed among their heirs based on established state laws. These laws typically prioritize close relatives, such as spouses, children, and other family members, in a specified order of inheritance. Probate refers to the legal process that involves validating a will and administering the estate, but in cases where there is no will, intestate succession comes into play to direct how the property is passed down. Escheat pertains to the situation where property reverts to the state due to a lack of legal heirs, which is only applicable when no heirs can be identified at all. Adverse possession involves a person claiming ownership of land through continuous occupation or use without permission from the owner, which does not relate to the transfer of property upon a person’s death. Therefore, the correct understanding of the distribution of a deceased person's property without a will aligns with intestate succession, making this answer accurate.