Importance of Intestate Laws
When a family member dies without a will, it is important to apply the intestacy laws. Intestacy law oversees and governs the division the property he/she has left behind. 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 relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. 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. The following hierarchy is clearly elaborated by the intestate law.
Spouse of the deceased is the first priority when the distribution of the property of the deceased is done and he/she is entitled to at least inherit an estate. 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. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. Some parts of the world recognize common law marriage as legal.
Children are the second on the intestate hierarchy. 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 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. 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. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.
Parents and siblings of the deceased are third on the intestate hierarchy. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. 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.
However, if the above people are absent, then distant relatives are considered the right inheritors. Cousins, aunts, uncles, and grandparents are some of the distant relatives.