What occurs when a person dies without leaving a valid will?

When a person dies without leaving a valid will, the legal term for this situation is intestate succession. Intestate succession refers to the process by which the deceased's assets are distributed according to state laws rather than according to the deceased’s wishes as expressed in a will. Each state has specific laws that dictate how estates are divided among surviving relatives, typically prioritizing spouses, children, and other close relatives.

In this scenario, the absence of a will means that there are no specified instructions for distributing the deceased's property. The court appoints an executor or administrator to carry out the distribution according to the intestate succession laws, ensuring that the assets are allocated in a manner that reflects the state's established guidelines for inheritance.

This process is distinct from testate succession, which occurs when an individual dies leaving a valid will that specifies how they want their estate distributed. Probate is the legal process through which the deceased's will is validated and their estate is administered, which would not apply in cases of intestate succession as there is no will to validate. Trust formation refers to the establishment of a legal entity for managing assets, which is unrelated to the distribution of a deceased person's estate in the absence of a will.