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Probate law deals with the distribution of a deceased’s estate to heirs. Inheritance laws vary by country, state, and religion. In the US, probate determines the division of property if there is no will. International inheritance law is often based on religious beliefs, with some countries favoring male heirs. Efforts are being made to change this practice.
Probate law is the area of law that deals with how a deceased’s estate will be distributed or passed to heirs upon his or her death. Not only does inheritance law vary by country, but it can also vary by states within a country or religions within a country. In some jurisdictions, these laws supersede the last will and testament, while in others, they determine the division of property only in the absence of a will.
In the United States, when a deceased dies, his or her estate generally goes through a legal process known as probate. During probate, the last will and testament of the deceased are admitted to the court for review. If the deceased did not leave a will, the inheritance law of the state in which the deceased died will apply and the estate will pass to the heirs by lawful succession. Intestate succession refers to the legal rules that determine who will receive the deceased’s assets and what percentage they will receive.
United States inheritance laws do not distinguish between male and female heirs. For example, if the probate laws of the state in which the deceased died require that the estate pass to the deceased’s children, then all children inherit equal shares. Of course, the deceased can give a greater share to a son or daughter in a will if he chooses to do so. In the absence of a will, however, all heirs are treated equally regardless of gender.
International inheritance law is often based on religious beliefs or doctrines. Thus, inheritance laws in countries outside the United States may give preference to male heirs or exclude females from inheritance altogether. Muslim inheritance laws traditionally excluded women from inheritance altogether. In more recent times, Muslim inheritance law has evolved to allow females to inherit, but male heirs are often awarded two shares for every share given to a female. In India, under the Indian Succession Act, 1925, a daughter is entitled to only a quarter of her son’s share of the inheritance.
Efforts are being made in some countries to change the practice of favoring male heirs over female counterparts. The Hindu Succession Amendment Act, 1985 is an example of this. Under the law, female heirs receive equal treatment in the absence of a will and inherit equally to their male counterparts.
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