Importance of Intestate Laws
When a family member dies without a will, it is important to apply the intestacy laws. 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. Therefore in order to fairly divide the left behind property, intestate law is applied which indicates the hierarchy of people who should inherit the property. 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. These tools are necessary when the number of people entitled to inheritance is huge. The following hierarchy is clearly elaborated by the 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. The first inheritance of a spouse is an estate which was owned by the deceased. 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. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. It is possible to find some jurisdictions where common law marriage is legal.
Children follow the spouse on the hierarchy of the intestate law. 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 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. Intestate clearly states that children will not inherit the debt left behind by their parent. 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. 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.