PSI Oklahoma Real Estate Practice Test

When property is probated, it is required to be distributed according to?

1. The wishes stated in a will

2. The law of descent

3. The preference of the surviving spouse

4. The directive of the executor

The correct answer is: The law of descent

When property is probated, it is required to be distributed according to the law of descent. This legal framework governs how a deceased person's assets are divided when there is no valid will, or if the will does not cover all the assets. In essence, if a person passes away without a will (intestate), the law of descent determines the hierarchy of heirs—typically prioritizing spouses, children, and other close relatives. In instances where there is a will, the distribution would instead be according to the wishes explicitly stated in that document. However, if the will is invalidated for any reason, or if it fails to address certain assets or beneficiaries, the law of descent would then take effect to ensure that the estate is still fairly and legally distributed. Thus, in probate proceedings, understanding the law of descent is essential, as it provides a clear framework that helps in the equitable distribution of a decedent’s property, even in the absence of explicit directional instruction from the deceased.