Importance of Intestate Laws
Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. The intestacy law is used as a guideline of property distribution of the deceased. 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 relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. 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.
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. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. In the case where no child was left behind, the spouse is entitled to inherit the whole estate without caring if there are other relatives left behind. 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 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. 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. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.
Parents and siblings of the deceased are third on the intestate hierarchy. 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.