In which case does title vest in the devisees or heirs automatically?

Prepare for the Maryland Land Title Examination. Utilize flashcards and multiple-choice questions, each accompanied by hints and explanations. Ensure your success on test day!

The concept of title vesting in devisees or heirs revolves around the laws governing the transfer of property at the time of an individual's death. In Maryland, if a person passes away before January 1, 1970, their estate is administered according to the common law and certain statutory provisions that were in effect at that time. Under these laws, title generally passes immediately to the heirs or devisees as designated by law without the need for formal legal proceedings, such as probating a will.

When someone dies without a will, their estate is settled according to the rules of intestacy applicable at that time. However, if they died before January 1, 1970, the applicable laws allowed for title to vest in the heirs immediately upon the death of the property owner. Therefore, for individuals who passed away prior to this date, their heirs or devisees automatically receive title without delay, as it becomes effective instantly upon death.

In contrast, those who die after this date follow different legal frameworks, including more structured probate processes, which can affect the timing of when heirs or devisees take title to the property.

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