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 is defined as the law that defines the rules of distributing the property of a deceased who did not leave a will for his/her property. Intestate is a person who dies before preparing the will that indicates how his/her property should be shared to his/her closest people who are left behind. 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 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. The tools are especially used when the number of descendants is large. 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. 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. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. More about common law marriage click here.
The second on the intestate hierarchy are children of the deceased. The piece of an estate left behind is usually divided equally among the existing children of the deceased if there is no spouse left behind. In case there is a spouse, the rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. It is important to know that deceased adopted children are taken as the biological children. Intestate clearly states that children will not inherit the debt left behind by their parent. 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. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. On this level of the hierarchy, parents are given the first priority and if the parents are not around, siblings are then picked to be inheritors.
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.