Legal

Lessons Learned About

Why Intestate Law is Important in Inheritance Procedure

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. 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. 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 hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. Per capita and per stripe are some of the tools that are employed during the division of the property of the deceased to the large numerous relatives. 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. The first inheritance of a spouse is an estate which was owned by the deceased. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. 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 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 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 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. Intestate clearly states that children will not inherit the debt left behind by their parent. 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. 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. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.

Cite: read