When someone passes away, how their assets are distributed depends on whether they’ve created a plan — and what kind of plan it is. This article breaks down three key estate types: Intestate Succession, Probate Estate, and Trust Estate — each with different outcomes for families, timelines, and privacy.
Intestate Succession
What happens when there’s no plan?
If someone passes away without a valid will or trust, their estate is distributed under their state’s intestacy laws. That means:
The court decides who receives what.
Assets are typically distributed to the closest surviving relatives.
The process is public and may not reflect what the person would have wanted.
Why it matters
Without clear instructions, families can face delays, added expenses, and unintended outcomes.
Probate Estate
What happens when there’s a will?
If someone has a will, their estate usually goes through probate — a court-supervised process to:
Validate the will
Pay off debts and taxes
Transfer remaining assets to beneficiaries
Probate can take several months (or longer) and is part of the public record.
Things to keep in mind
Probate often involves court filings, legal fees, and a waiting period — and may not be ideal for those who value privacy or efficiency.
Trust Estate
What happens with a trust?
A trust estate is created when someone sets up a revocable or irrevocable trust and transfers their assets into it during their lifetime. Key benefits include:
Avoiding probate entirely
Keeping assets and distribution details private
Ensuring assets are managed if the person becomes incapacitated
Controlling when and how beneficiaries receive their inheritance
Why clients choose this path
A trust offers more control, faster transfer of assets, and reduced legal hassle — especially in complex family or financial situations.
How We Help
Estate Guru’s platform is built to guide clients through each step of the estate planning process, with modern technology and attorney oversight. Whether someone needs a will, a trust, or both, we help ensure their plan is built for their life — and ready for whatever comes next.