A decedents "heirs" are those persons as determined by the laws of intestate succession in your particular state.
Therefore the estate of an intestate decedent in Indiana at least might pass say 1/2 to his spouse and the other 1/2 to his issue,,,,,,,, perhaps say if no surviving spouse then in equal shares to his surviving issue,,,,,,,,,,,if no surviving issue then you may eventually get to parents, siblings etc etc down the line.
The "estate" is ONLY that property which does not pass otherwise by operation of law such as joint tenancy or entirety or other forms of joint ownership with rights of survivorship or such things as Transfer on Death (TOD) or Pay on Death (POD) accounts or instruments carrying a beneficiary designation. A person could be a multi millionaire with primarily non probate transfers occurring upon his death and a small or no appreciable remaining "estate" to administer. A Trust is only ONE method/tool to avoid probate, sometimes best sometimes NOT, it depends on the situation.
If there's no will a competent bona fide interested party can petition the Court for appointment as the Personal Representative (Executor, Administrator). If there is a Will the testator usually designates his or her PR.
ONLY if there are no heirs or claimants might an estate pass to the state via escheat and thats rare.
I cant speak for others, Ive been the Attorney for several estates and Ive NEVER got MOST OF IT LOL perhaps 1 to 5 %
Also, I done estate planning for several clients AND NO TWO ARE EVER ALIKE. Just because a Trust is best for Billy Bob, a Will may be better for Bubba. Consult a trained professional Estate Attorney, NOT Billy Bob or Bubba as your plan should suit YOU NOT what was best for someone else down the road or lay or even professionals on a tractor forum until the entire situation is reviewed and your needs are satisfied and local laws researched.
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