Question

For example, a sale in a probate proceeding and the conveyance of real estate by a grant deed signed and delivered by an executor is a private, nonjudicial sale, not a judicial sale.

The conveyance transferring title is not directed by an order of the court, though the court may have approved the sale.

As a nonjudicial sale, the implied warranties of title in the executor's grant deed apply, unless the grant deed states otherwise.

Answer 1

Trusts and wills facilitate the transfer of assets after death, with trusts operating outside of probate and wills being public documents. Intestate succession follows state laws without a will or trust. Estate sales have evolved over time to regulate the transfer of assets.

Step-by-step explanation:

In estate planning, trusts and wills are important tools used to transfer a person's assets after they pass away. A trust acts as a private vehicle, often termed "the family bank," which, upon the trust creator's death, allows assets to be distributed to heirs according to the terms of the trust, typically by an executor and trustee(s), without the need for probate court. Conversely, a will is a public document expressing a person's intentions for asset distribution after death; its simplicity can lead to challenges in court.

When someone dies intestate, meaning without a will or trust, state intestacy laws will dictate the distribution of assets, prioritizing relatives in a specific order. Lastly, the history of estate sales, including the selling of personal property or real estate, shows the evolution of such transactions, from property that could include people as depicted in historical art, to modern legal practices regulating asset transfers following someone's death.

An understanding of these concepts provides clarity on nonjudicial and judicial sales relating to real estate transfer through an executor's grant deed, where implied warranties of title may apply unless explicitly disclaimed in the deed.