Wills Bar Practice Exam – Prep Guide, Practice Test & Questions

When a decedent gives away property during their lifetime, that property is generally considered a gift and does not become part of the decedent’s estate at the time of death. Therefore, it does not pass under the terms of the will or the laws of intestacy. This means that since the property has already been transferred to another party during the decedent's life, it is not available for distribution to heirs or beneficiaries upon the decedent's death.

In the context of intestacy, which refers to dying without a valid will, the property that has already been conveyed is also excluded from the estate, and accordingly, it will not be divided among the heirs. Additionally, the property would not be sold to pay debts of the estate as it is no longer owned by the decedent at the time of death. Thus, all these factors reinforce why the correct understanding of the situation is that the property does not pass under intestacy or a will.