Why Intestate Law is Important in Inheritance Procedure
When a family member dies without a will, it is important to apply the intestacy laws. Intestacy law oversees and governs the division the property he/she has left behind. Therefore it is correct to say that a person who dies without leaving behind the will of distribution of his/her property the deceased died intestate. Intestate law lists the people who are entitled to property on inheritance of a deceased in case where a will was not drafted by the deceased. The intestate lists and the people who are entitled to inherit the property and at the same time defines how these people are related to the deceased. Per capita and per stripe are some of the tools that are employed during the division of the property of the deceased to the large numerous relatives. These tools are necessary when the number of people entitled to inheritance is huge. Below is how the hierarchy is followed.
The first on the hierarchy is the spouse of the deceased who has the right to get a share of the estate if not all of it. The first inheritance of a spouse is an estate which was owned by the deceased. In the case where no child was left behind, the spouse is entitled to inherit the whole estate without caring if there are other relatives left behind. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. It is possible to find some jurisdictions where common law marriage is legal.
Children follow the spouse on the hierarchy of the intestate law. Estate left behind by the deceased is distributed in equal portion to all the children in case there is no spouse. The case is different if there is an existing spouse. The spouse is given a particular percentage of the estate depending on the size and the remaining is equally shared among the children. It is important to know that deceased adopted children are taken as the biological children. The assets inherited by the children of the deceased can never be used to settle the debts of the deceased because children do not inherit their parent’s debts. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.
The third on the intestate hierarchy are parents and siblings of the deceased person. If there is no record of children, spouse or grandchildren, the close people who can inherit the property of a deceased are parents and siblings of the deceased. The property is handed over to the deceased’s parents and if there are no existing parents, then the property is equally divided among the siblings.
However, if the above people are absent, then distant relatives are considered the right inheritors. Cousins, aunts, uncles, and grandparents are some of the distant relatives.