Importance of Intestate Laws
When a family member dies without a will, it is important to apply the intestacy laws. 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. 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 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. 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.
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. 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. Click here for more info.
Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. 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. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
Thirdly, on the intestate hierarchy are parents and siblings of the deceased. 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. 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.
The third on the intestate hierarchy are distant relatives and this happens only if the deceased do not have an existing spouse, children, siblings or any descendant. Cousins, aunts, uncles, and grandparents are some of the distant relatives.