Importance of Intestate Laws
Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. 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 outlines in order the hierarchy of the group of people who were close to the deceased and how the property will be distributed to them. 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. The tools are especially used when the number of descendants is large. Below is how the hierarchy is followed.
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. 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. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. It is possible to find some jurisdictions where common law marriage is legal.
Children are the second on the intestate hierarchy. 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 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 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. It is the responsibility of the probate court to select the guardian who will take care of the children of the deceased.
Parents and siblings of the deceased are third on the intestate hierarchy. 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.
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. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.
Support: look here