Importance of Intestate Laws
Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. 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. 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 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 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. 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 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. 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. Some parts of the world recognize common law marriage as legal.
Children follow the spouse on the hierarchy of the intestate law. 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. 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. 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.
The third on the intestate hierarchy are parents and siblings of the deceased person. This hierarchy is arrived at if deceased did not leave behind children, spouse or grandchildren. 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. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.
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