someone dies without a will or trust, their estate is considered intestate. This means that the distribution of their assets and property will be determined by the laws of the state in which they resided. The process of distributing the estate is known as intestate succession.
In the absence of a will or trust, the state’s laws will dictate who inherits the deceased person’s assets. Typically, the surviving spouse and children are the first in line to inherit. If there is no surviving spouse or children, other relatives such as parents, siblings, or more distant relatives may be entitled to a share of the estate. If no eligible relatives can be found, the assets may escheat to the state.
The probate court will appoint an administrator to oversee the distribution of the estate. The administrator is usually a close family member or a professional appointed by the court. Their role is to identify and gather all the assets, pay off any outstanding debts or taxes, and distribute the remaining assets according to the state’s intestacy laws.
It is important to note that intestate succession laws vary from state to state, so the distribution of assets may differ depending on the jurisdiction. Additionally, the process can be more complex and time-consuming compared to when there is a will or trust in place. Disputes among family members or potential heirs can further complicate the process, leading to delays and additional legal expenses.
In cases where the deceased person had specific wishes or preferences for the distribution of their assets, dying without a will or trust can result in those wishes not being fulfilled. Without a legally binding document, the state’s default laws will prevail, which may not align with the deceased person’s intentions.