Section 3-901
In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by family allowance, exemption or intestacy may establish title thereto by proof of the decedent's ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
Comment
Title to a decedent's property passes to his heirs and devisees at the time of his death. See Section 3-101. This section adds little to Section 3-101 except to indicate how successors may establish record title in the absence of administration.
Massachusetts comment
For a discussion of the principle that title passes to the heirs without the requirement of the heirs to be determined by a probate proceeding and that the 3 year statute of limitations does not apply to a probate determination of heirs, see In the Matter of the Petition of Beachside I Homeowners Association, No. A11-180, Court of Appeals of Minnesota, July 18, 2011.