Why Intestate Law is Important in Inheritance Procedure
It is important to understand that when a person dies intestate, the intestate law is used to find the appropriate inheritors of the deceased 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. 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 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. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. 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.
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. Read more about common marriage here.
Children are the second on the intestate hierarchy. 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 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. This hierarchy is arrived at if deceased did not leave behind children, spouse or grandchildren. 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.
In case there is no record of the children, spouse, parents, sibling, then distant relatives automatically become the legal inheritors of the deceased’s property. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.