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 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. 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 only time the per capita and the per stripe tools are used is when the property is divided to many people who are entitled to inheritance. The following are some of the hierarchy outlined by intestate law.
On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. 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. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. There are a few jurisdictions where common law marriage which states that if you stay with your partner for a particular period of time you become spouses.
The second on the intestate hierarchy are children of the deceased. Estate left behind by the deceased is distributed in equal portion to all the children in case there is no spouse. In case there is a spouse, the distribution rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. It should be noted clearly that if the deceased had only adopted children, the property is equally divided among them because adopted children are taken as biological children. According to the intestate law, children are not supposed to inherit the debt of their deceased parent and therefore the assets inherited by the children cannot be used to settle the debts. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
The third on the intestate hierarchy are parents and siblings of the deceased person. 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.
However, if the above people are absent, then distant relatives are considered the right inheritors. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.