You are here
Home > Legal >

Getting To The Point –

Why Intestate Law is Important in Inheritance Procedure

It is important to understand that when a person dies intestate, the intestate law is used to find the appropriate inheritors of the deceased 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. Therefore in order to fairly divide the left behind property, intestate law is applied which indicates the hierarchy of people who should inherit the property. The hierarchy is followed according to the relationship of the deceased with the people who stand to inherit the property. 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 are some of the hierarchy outlined by 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. It is important to note that if the deceased had an estate, the spouse is the right person to inherit it. If the deceased did not have any kid, the spouse inherits the whole of the estate with the exclusion of relatives. It is important to understand that cohabitation partner and the common law marriage does not entitle a spouse to inheritance law. Click here for more info.

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. 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. 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. 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. Here are the list of is made up of distant relatives; uncles, aunts, cousins, and grandparents.

Top