Why Intestate Law is Important in Inheritance Procedure
Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. 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 outlines in order the hierarchy of the group of people who were close to the deceased and how the property will be distributed to them. The relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. In order to sure that the property of the deceased is fairly shared to a large number of relatives, the per capita tool and the per stripe tools are used in property division. These tools are necessary when the number of people entitled to inheritance is huge. The following are some of the hierarchy outlined by intestate law.
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. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. 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. More about common law marriage click here.
Children follow the spouse on the hierarchy of the intestate law. In cases where there is no existing spouse, the estate is subdivided equally to all children. 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. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
Parents and siblings of the deceased are third on the intestate hierarchy. 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. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.
However, if the above people are absent, then distant relatives are considered the right inheritors. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.