Oregon 30-Hour Real Estate Law Practice Test

Which property owned by Edmund did NOT have to go through the probate process after his death?

1. The grocery store

2. The campground

3. The strip mall

4. His personal residence

The correct answer is: The strip mall

In the context of estate law and probate, certain properties may not require probate due to how they are owned or designated. When a property is held in a particular way, such as joint tenancy or in a trust, it can often pass directly to beneficiaries without needing to go through the probate process. In this scenario, the strip mall is likely held in a manner that allows it to bypass probate. For example, if it was owned by a business entity, such as a corporation or limited liability company (LLC), the ownership would transfer according to the rules governing that entity, rather than requiring probate. Additionally, if the strip mall was held in a revocable trust, it would similarly avoid probate. Probate is typically required for properties that are individually owned and do not have any designated transfer mechanisms in place, such as the grocery store, campground, and personal residence. These properties would go through the probate process so that the court can oversee the distribution of the assets according to Edmund's will or, if there is no will, according to state intestate succession laws.