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 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 hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. 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. 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. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. 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. Read more about common marriage 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. 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. 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.
The third on the intestate hierarchy are parents and siblings of the deceased person. 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. The property is handed over to the deceased’s parents and if there are no existing parents, then the property is equally divided among the siblings.
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.