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Dec 26, 2020 Legal

Why Intestate Law is Important in Inheritance Procedure

When a family member dies without a will, it is important to apply the intestacy laws. The intestacy law is used as a guideline of property distribution of the deceased. 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. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. The tools are especially used when the number of descendants is large. The following hierarchy is clearly elaborated by the intestate law.

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. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. More about common law marriage click here.

Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. The case is different if there is an existing spouse. 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. The adopted children are also given equal share because they are considered as the biological children of the deceased. Intestate clearly states that children will not inherit the debt left behind by their parent. In cases where a parent die intestate, the probate court takes the responsibility of choosing the right guardian for the small children.

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. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.

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. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.