An heir is defined as an individual who legally qualifies to inherit a portion or all of the estate of a deceased person who dies intestate, meaning the deceased failed to establish a legal last will and testament. In such a scenario, the heir receives property according to the laws of the state in which the property is probated.
Heirs who inherit property are typically children, descendants, or other close relatives of the deceased. Spouses often do not fall under the legal definition of an heir in this context, as they are entitled to properties via marital or community property laws.
Key Points to Remember
- An heir is legally entitled to collect an inheritance when a deceased person did not create a last will and testament.
- Heirs who inherit property are generally children, descendants, or other close relatives of the deceased.
- Heirs differ from beneficiaries, who are designated by a will or other legal documents as the intended recipients of the deceased’s assets.
- The portion of a deceased individual’s estate bequeathed to an heir is known as an inheritance.
- When a person dies without a will, it is referred to as dying intestate, and a probate court determines asset distribution.
Understanding an Heir’s Role
When multiple heirs share the same relationship to the deceased, such as two siblings, they typically divide the estate equally. The inherited portion can include cash, stocks, bonds, real estate, and personal items like automobiles, furniture, antiques, art, and jewelry.
Potential types of heirs include:
- Heir Apparent: A person widely assumed to inherit the estate.
- Presumptive Heir: A person who currently stands to inherit but whose right may be superseded by the birth of a subsequent individual.
- Adoptive Heir: A legally adopted child with the same rights as biological children.
- Collateral Heir: A relative who isn’t a direct descendant but is still a family member.
What Happens With Intestate Succession?
When a person dies intestate (without a will), the distribution of their assets is settled by a probate court. A court-appointed administrator will manage the collection of assets, settle debts, and distribute what remains to the heirs-at-law. Intestate succession laws vary by state but generally follow a hierarchical order starting with the deceased’s spouse, followed by children, grandchildren, and other close relatives. If no heirs are found, assets can be handed over to the state.
Heir vs. Beneficiary
The term ‘heir’ legally refers to an individual who inherits the property of someone who died intestate. Commonly, people misuse ‘heir’ to describe anyone inheriting property as designated by a will. However, the precise term for such individuals is ‘beneficiary,’ defined as the person entitled to assets as prescribed by a will, trust, insurance policy, or another binding arrangement.
Traditions in Jewish, Christian, and Islamic laws all include specific customs regarding both heirs and beneficiaries.
Real-World Examples
The Rockefeller Family
The Rockefeller family is renowned globally for its wealth, accumulated by John D. Rockefeller through the oil industry. Despite significant charitable donations, his remaining wealth was bequeathed to his two surviving children: Alta Rockefeller and John D. Rockefeller Jr. His son, John D. Rockefeller Jr., inherited and managed the family’s legacy, often viewed as the ‘heir’ despite substantial philanthropic activities continuing through generations.
Heirs to the British Throne
The succession to the British throne is hereditary, passed from the monarch to their eldest living child. Currently, Prince Charles III is the monarch, with his eldest child, Prince William, next in line. His eldest child, Prince George, follows as heir to the throne.
What It Takes to Be an Heir
An heir is someone legally entitled to inheritance when no valid will is present. Heirs are typically direct descendants or the closest living relatives, as dictated by each nation’s or state’s inheritance laws.
Distinguishing Between an Heir and a Beneficiary
An heir inherits property in the absence of a will, while a beneficiary is specifically chosen by the deceased in their will or testament. Thus, an heir is usually a close relative, whereas a beneficiary can be anyone selected by the deceased.
Determining Heirs
Children are the most common heirs. If no children exist, grandchildren or the next closest living relatives will be considered heirs.
Conclusion
An heir is legally entitled to the estate of a recently deceased person, especially when no will or testament is available. Often heirs are the children or other close relatives. The term ‘heir’ is commonly associated with lines of succession in royal families but generally can refer to any close family member inheriting an estate.
Related Terms: inheritance, estate, beneficiary, will, testament, intestate.
References
- Justia. “Intestate Succession Rules - The Alternative to Estate Planning”.
- The Royal Household. “Succession”.
