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Tips for When a Family Member Dies without a Will

Intestate law is applicable when a person dies without leaving behind a will for inheritance of property. The intestacy law is used as a guideline of property distribution of the deceased. 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 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 are some of the hierarchy outlined by intestate law.

On top of the hierarchy is the spouse who is entitled to inherit an estate that is left behind by the deceased. A spouse can get a piece of estate or inherit the whole estate depending on whether the deceased left behind children. When there is no child in question, the estate of the deceased is entirely inherited by the spouse. The spouse is only entitled to the inheritance of the deceased if he/she was legally married to the deceased. Some parts of the world recognize common law marriage as legal.

Children are the second on the intestate hierarchy. In cases where there is no existing spouse, the estate is subdivided equally to all children. 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 should be noted clearly that if the deceased had only adopted children, the property is equally divided among them because adopted children are taken as biological children. Intestate clearly states that children will not inherit the debt left behind by their parent. 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. Under this bracket, parents are considered first and if there are no parents, automatically the siblings become the inheritors.

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