Which statement about legatees is true in relation to ownership of the deceased's property?

Which statement about legatees is true in relation to ownership of the deceased's property?

• A. Legatees own the property outright immediately.
• B. Legatees own a joint tenancy with the personal representatives.
• C. Legatees have no claim against personal representatives.
• D. Legatees own a chose in action against the personal representatives to have the estate administered.

Answer: (D)

Legatees are beneficiaries named in a will, and ownership of the deceased’s property does not pass to them immediately on death. The estate must be administered by personal representatives (the executors or administrators), who hold the assets and pay debts before distributing the remaining property to the beneficiaries according to the will. Legatees have a personal right to require this process and to receive their legacies; this right is a chose in action against the personal representatives. In other words, they can sue to compel the estate to be administered and to transfer what is due to them. They don’t own the property outright at once, they don’t share ownership with the personal representatives as co-owners, and they do have a claim to ensure proper administration.

Legatees are beneficiaries named in a will, and ownership of the deceased’s property does not pass to them immediately on death. The estate must be administered by personal representatives (the executors or administrators), who hold the assets and pay debts before distributing the remaining property to the beneficiaries according to the will. Legatees have a personal right to require this process and to receive their legacies; this right is a chose in action against the personal representatives. In other words, they can sue to compel the estate to be administered and to transfer what is due to them. They don’t own the property outright at once, they don’t share ownership with the personal representatives as co-owners, and they do have a claim to ensure proper administration.