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 when someone dies when he/she had not prepared a will of how the property will be divided into his/her closest people, then that person is said to die intestate. 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 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. These tools are necessary when the number of people entitled to inheritance is huge. Below is how the hierarchy is followed.
On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. 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. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. Some parts of the world recognize common law marriage as legal.
Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. The case is different if there is an existing spouse. Depending on the size of the estate, a spouse is given a certain percentage of the estate and the remaining percentage distributed equally to all the children. The adopted children are also given equal share because they are considered as the biological children of the deceased. 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.
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. 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.
The third on the intestate hierarchy are distant relatives and this happens only if the deceased do not have an existing spouse, children, siblings or any descendant. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.