If a person has not established a trust or taken any measures to avoid probate, their assets are distributed according to the state laws that have jurisdiction over the assets upon their death. State law may not dictate that an individual’s assets are distributed to those they would have wanted, and if they do, they may still encounter the following problems.nn- Guardianship of assets that minor children inherit is subject to rules that may not accomplish the individual’s goals.n- There may be additional expenses and inconvenience. For example, the state of Nevada may assess probate expenses for as much as 2%-5% of the estate’s value.n- There may be higher estate taxes.