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. 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. 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 hierarchy is clearly elaborated by the intestate law.
On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. The first inheritance of a spouse is an estate which was owned by the deceased. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. More about common law marriage click here.
Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. 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. 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.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. 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.