Wills, Trusts, and Estates

Exoneration of Liens

Some states follow the common law exoneration of liens rule, which assumes that testators want to have mortgages on property paid out of their estates before giving the property.

States that don't follow it, just give the property with the mortgage thereon.

The default rule of the UPC is nonexoneration. UPC § 2-607.

• Virginia follows this rule. VA Code § 64.2-531.