Legal

The Key Elements of Great

Importance of Intestate Laws

When a family member dies without a will, it is important to apply the intestacy laws. 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 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 relationship between the deceased and the people to inherit the deceased’s property is defined by the intestate law. During the division of the property, two tools are used to divide the property which includes per stripe and per capita. These tools are necessary when the number of people entitled to inheritance is huge. 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. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. Read more about common marriage here.

Children are the second on the intestate hierarchy. The piece of an estate left behind is usually divided equally among the existing children of the deceased if there is no spouse left behind. In case there is a spouse, the distribution rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. It is important to know that deceased adopted children are taken as the 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. 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. In case there is no recognized spouse, children or grandchildren, parents, and sibling are considered to be suitable property inheritors. 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.

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.