Creation and Characteristic of Fee Simple
Rules requiring words of general inheritance to create fee simple by conveyance have been abolished by statute in the United States. To convey an estate in fee simple at common law, the deed or will must state "to B and his heirs." Anything short of those words transferred a smaller estate.
Modern deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates an intention to transfer a smaller estate, such as a life estate.
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