Also known as: estates · property · holding
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interest in land that is or may become possessory and is measured in terms of duration. Freehold estates such as the fee simple absolute exemplify the category while easements and servitudes fall outside it because they never confer possession.
An interest in land that is or may become possessory and is measured in terms of duration. Freehold estates such as the fee simple absolute exemplify the category while easements and servitudes fall outside it because they never confer possession.
Select any source to read its text and confirm it supports the definition.
The property of a decedent that passes under a will or by intestacy. The probate estate comprises assets subject to court administration while nonprobate transfers occur outside that process.
Select any source to read its text and confirm it supports the definition.
The property of a decedent that passes under a will or by intestacy. The probate estate comprises assets subject to court administration while nonprobate transfers occur outside that process.
Each sense below has its own examples, sources, and questions.
Edith Eberhardt contracts to sell Blackacre to Elliot Edmonds. An unreleased mortgage lien from a prior owner remains of record. Elliot refuses to close because the defect prevents Edith from delivering marketable title to her fee simple estate.
Elijah Edwards leases a residence to Enzo Eastwood. The premises contain structural defects rendering them uninhabitable on the lease date. Enzo may terminate before taking possession because the landlord failed to deliver property suitable for residential use.
Everest Holdings originates a loan secured by a single-family home. The transaction constitutes a residential real estate-related activity governed by the Fair Housing Act provision addressing loans secured by residential real estate.
An estate confers a possessory interest measured by duration while an easement grants only a nonpossessory right to use another's land. The distinction determines which interests qualify as estates under property doctrine.
Supporting sources
Once a binding land contract forms, equitable conversion treats the buyer as owner of the realty. In most jurisdictions the buyer therefore bears the risk of loss to the estate before closing even if improvements are destroyed.
A merger clause integrates prior negotiations into the deed. After closing the doctrine of merger generally bars enforcement of contractual promises not reflected in the deed unless fraud or mistake is shown.
Emanuel Escobar dies intestate leaving real property. The state attempts to seize the assets without notice to heirs. The heirs invoke the Fifth Amendment to prevent deprivation of the estate without due process of law.
Esther Eisenberg serves as executor of an estate and deposits settlement proceeds in her operating account. The client demands segregation of the funds. Rule 1.15 requires Esther to place the estate property in a separate trust account.
Eastern Electric sues an estate representative personally served while briefly present in the forum. The court exercises in personam jurisdiction over the defendant despite the short stay and unrelated claim.
The probate estate includes property passing by will or intestacy that is subject to court administration. Assets transferred by beneficiary designation or joint tenancy pass outside probate and are excluded.
Supporting sources
…a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is…