What happens to an estate if an individual dies without a valid will?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When an individual dies without a valid will, the distribution of their estate is governed by intestacy laws. These laws provide a predetermined method for distributing a decedent's assets among relatives and other heirs, typically following a hierarchy of kinship. Such laws are designed to ensure that the decedent’s property is passed on to their rightful heirs, as determined by state law.

Intestacy laws vary from state to state, but they generally allocate assets first to the deceased's spouse and children, and then to other relatives if no spouse or children are available. This process helps to avoid disputes and confusion that might arise if there were no legal framework guiding the distribution of the estate.

In contrast, the other options reflect misunderstandings about estate distribution. The idea that the estate would be distributed according to the decedent's previous wishes isn't applicable if no valid will exists. Holding the estate in trust indefinitely does not align with intestacy laws, as assets would eventually be distributed to heirs. Finally, while an estate could go to the state if no heirs are found, this outcome is not the default under intestacy laws, which still seek to identify potential heirs first. Thus, the correct understanding is that the estate is distributed according to intestacy laws.

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