Why Intestate Law is Important in Inheritance Procedure
When a family member dies without a will, it is important to apply the intestacy laws. The intestacy law is used as a guideline of property distribution of the deceased. 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. Therefore in order to fairly divide the left behind property, intestate law is applied which indicates the hierarchy of people who should inherit the property. 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. 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. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. 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 a particular percentage of the estate depending on the size and the remaining is equally shared among the children. The adopted children are also given equal share because they are considered as the biological children of the deceased. 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. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Parents and siblings of the deceased are third on the intestate hierarchy. This hierarchy is arrived at if deceased did not leave behind children, spouse or grandchildren. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.
The third on the intestate hierarchy are distant relatives and this happens only if the deceased do not have an existing spouse, children, siblings or any descendant. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.