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. 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 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 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. 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 only time the per capita and the per stripe tools are used is when the property is divided to many people who are entitled to inheritance. 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. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. There are a few jurisdictions where common law marriage which states that if you stay with your partner for a particular period of time you become spouses.
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 distribution rules changes. The spouse is given his/her share and the remaining share is equally subdivided among all the children. The adopted children are also given equal share because they are considered as the biological children of the deceased. 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.
Parents and siblings of the deceased are third on the intestate hierarchy. 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.
However, if the above people are absent, then distant relatives are considered the right inheritors. Distant relatives include cousins, grandparents, aunts and uncles who may share the property equally among themselves.
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