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 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 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.
On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. 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. 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. 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. 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. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. 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.
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.