Final answer:
The orderly distribution of an estate for someone who dies without a will is controlled by probate courts and state intestacy laws, which specify the hierarchy of beneficiaries. A will is a public statement of asset distribution wishes, while a trust is a private method that becomes irrevocable after death. Historical legal codes also address estate settlement, indicating a longstanding human concern with asset distribution after death.
Step-by-step explanation:
For someone who dies intestate, or without a valid will, probate courts and the applicable state laws allow for the orderly distribution of the estate. When a person dies intestate, the distribution of their assets is governed by the intestacy laws of the state in which they reside. Each state has its own rules that detail the hierarchy of beneficiaries such as a surviving spouse, children, parents, and siblings. The process ensures that the deceased person's assets are distributed systematically even without a last will.
A will is a legal document that expresses a person's wishes regarding the distribution of their property after death. Despite its importance, the validity of a will can be questioned in court, especially if it is informal, like a handwritten letter. This is because the execution of a will is a public process, exposing the details of the deceased's assets and the beneficiaries to public scrutiny.
On the other hand, a trust is a private estate planning mechanism where assets are transferred to heirs outside of probate court. Trusts can become irrevocable upon the creator's death, with the instructions and assets contained within being executed according to the deceased's wishes by the trustee(s), usually the heirs, and the executor.
The historical context of these legal processes can also be traced back to early legal codes, such as the Code of Hammurabi, which provided rules for inheritance and the settlement of estates, reflecting human efforts to manage the distribution of assets post-mortem through legal constructs.