Final answer:
Courts use state intestacy laws to distribute a decedent's property intestate, appointing an administrator to manage the process, ensuring fairness and adherence to legal principles. Trusts, if present, enable private transfer of assets outside of probate.
Step-by-step explanation:
When an individual passes away without a will, the process is termed as the person dying intestate. In such cases, a court steps in to manage the distribution of the decedent's property according to the state intestacy laws. The hierarchy of heirs, which typically includes the spouse, children, parents, siblings, etc., is defined by these laws, dictating who receives what portion of the estate. This legal procedure ensures a fair allocation of the decedent’s assets, reflecting the principle of distributive justice.
To ensure impartiality and due process, the court will appoint an administrator whose role is to oversee the estate’s distribution. The administrator will collect the decedent's assets, pay debts and taxes, and then distribute the remaining assets among the heirs in accordance with the laws of intestate succession. This process is essential as it guarantees that the distribution is carried out fairly, without bias, and in a manner that reflects the presumed intentions of the decedent.
A trust, on the other hand, allows for the private transfer of assets, bypassing the probate court. If a trust exists, the trustee, often an heir, will distribute assets under the terms established by the deceased. Trusts are often designed to become irrevocable upon the individual's death, thereby locking in the instructions and asset distribution.