Real Property: The Present Estates

Four categories of freehold estates:

  • Fee Simple Absolute
  • Fee Tail
  • Defeasible Fees
  • Life Estate


  • Devisable – can estate pass by will?
  • Descendible – will estate pass by intestacy if holder dies intestate (without a will).
  • Alienable – is estate transferable inter vivos during holder’s lifetime?

A living person has no heirs – only prospective heirs