Final answer:
The probate court handles the transfer of assets when a person dies intestate, meaning without a will. Assets are distributed based on state intestacy laws. Trusts and wills are tools for estate planning to manage asset distribution, with trusts operating outside of probate court.
Step-by-step explanation:
When a deceased person dies without a will, the process by which their real estate or general estate assets are analyzed and transferred is handled by the probate court. Without a will, an individual is considered to have died intestate, which means that their assets will be distributed according to the state intestacy laws. These laws dictate the hierarchy of heirs, such as the spouse, children, parents, and siblings, who are entitled to receive the decedent's assets.
In contrast, a trust is designed to pass assets to heirs outside of probate court, with the terms becoming irrevocable upon death. A will, on the other hand, is a public declaration of one's wishes regarding the distribution of their assets after death, which can be simply written and is subject to challenge in court. Both trusts and wills serve as tools for estate planning, aiming to facilitate the transfer of assets after one's death.