What happens if someone dies intestate?

When someone dies without a will, a situation known as dying intestate, the administration of their estate is overseen by the Probate Court. The court follows specific state laws to determine how the decedent's assets will be distributed. These statutory guidelines are in place to ensure that the estate is handled fairly and according to the established legal framework, which reflects common law principles.

In the event of intestacy, the court identifies heirs based on relationships to the deceased—starting typically with immediate family members such as spouses and children, and extending to more distant relatives if no direct heirs are available. This process ensures that the property is allocated appropriately, according to the law, rather than simply reverting to the state or being distributed in an arbitrary manner.

The other options do not correctly reflect the legal process established for intestate situations. For instance, the notion that the government automatically takes ownership of all property is inaccurate, as property first goes to heirs as determined by state law. Similarly, the idea that property circulates to the community or that heirs are disqualified from inheritance does not align with the actual legal outcomes following an intestate death, which prioritizes family and legal heirs.