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 law oversees and governs the division the property he/she has left behind. 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 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. Per capita and per stripe are some of the tools that are employed during the division of the property of the deceased to the large numerous relatives. 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.
Spouse of the deceased is the first priority when the distribution of the property of the deceased is done and he/she is entitled to at least inherit an estate. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. Some parts of the world recognize common law marriage as legal.
Children follow the spouse on the hierarchy of the intestate law. 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 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.
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. 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. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.