How are assets distributed if the will does not include certain assets?

When a will does not include certain assets, those assets are typically distributed according to intestacy laws. This is because intestacy laws provide a legal framework for how assets should be divided when a person dies without a valid will covering specific properties or when there are assets not addressed in the will.

Intestacy laws dictate a hierarchy of beneficiaries, which usually includes the decedent's spouse, children, parents, and siblings. These laws ensure that the decedent's assets are passed on in a structured manner, reflecting the presumed intent of the decedent regarding family and close ones, even if not explicitly stated in the will.

In contrast, distributing according to the decedent's wishes would only be applicable if the will covered all aspects of the estate. Equally distributing assets among all heirs does not necessarily align with intestacy statutes since different heirs may have different rights based on their relationship to the decedent. Finally, a judge’s discretion may play a role in other contexts, such as equitable distribution principles, but intestacy laws strictly govern the distribution of assets not included in a will. Thus, utilizing intestacy laws ensures a legally recognized and fair distribution process for unaddressed assets.