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Tips for When a Family Member Dies without a Will

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 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 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. 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. The first inheritance of a spouse is an estate which was owned by the deceased. 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. Intestate law clearly defines that the legitimate spouse is the one who wed with the deceased and has a certificate of marriage. More about common law marriage click here.

The second on the intestate hierarchy are children of the deceased. 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 a particular percentage of the estate depending on the size and the remaining is equally shared among 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. The probate court under intestate law has the right to picking a suitable guardian for the deceased’s small kids.

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. 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.

However, if the above people are absent, then distant relatives are considered the right inheritors. Cousins, aunts, uncles, and grandparents are some of the distant relatives.