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. Therefore it is correct to say that a person who dies without leaving behind the will of distribution of his/her property the deceased died intestate. Intestate law lists the people who are entitled to property on inheritance of a deceased in case where a will was not drafted by the deceased. The hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. 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. 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. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. Click here for more info.
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 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 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. 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. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.
The third on the intestate hierarchy are parents and siblings of the deceased person. 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.
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.