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. The intestacy law is used as a guideline of property distribution of the deceased. 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 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. These tools are necessary when the number of people entitled to inheritance is huge. The following hierarchy is clearly elaborated by the 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. 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. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. 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.
Children follow the spouse on the hierarchy of the intestate law. The piece of an estate left behind is usually divided equally among the existing children of the deceased if there is no spouse left behind. In case there is a spouse, the distribution 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. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Parents and siblings of the deceased are third on the intestate hierarchy. 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. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.
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.