Legal Definitions - heir

An heir is a person who is legally entitled to receive property, money, or assets from someone who has died without leaving a valid will or trust. When a person dies without a will, they are said to have died "intestate." In such cases, state laws, known as intestacy laws, determine who the heirs are and how the deceased person's estate will be distributed.

It's important to distinguish an heir from a beneficiary. A beneficiary is someone specifically named in a will or trust to receive assets. An heir, however, is designated by law when no such document exists, ensuring that the deceased's property is passed on according to a predetermined legal order of kinship.

• Example 1: Immediate Family Inheritance

  A man named David passes away unexpectedly without having created a will. He is survived by his wife, Sarah, and their two adult children, Emily and Michael. Under the intestacy laws of their state, Sarah, Emily, and Michael would typically be designated as David's heirs. The law dictates how David's assets, such as his house and bank accounts, would be divided among them, as there was no will to specify his wishes.

• Example 2: Distant Relatives as Heirs

  Eleanor, a single woman with no children, dies without a will. Her parents are deceased, and she has no living siblings. However, she has a surviving aunt, Margaret, and a cousin, Robert (the child of a deceased uncle). In this scenario, the state's intestacy laws would determine who among Eleanor's surviving relatives qualifies as an heir. Depending on the specific state statutes, Margaret, as a closer blood relative, might be the primary heir, or the estate could be divided among more distant relatives like Robert if no closer kin exist.

• Example 3: Unmarried Partners and Heirship

  Mark and Lisa lived together as unmarried partners for 20 years, sharing a home and finances. Mark dies suddenly without a will. Although Lisa was his long-term partner and they considered themselves a family, under most state intestacy laws, Lisa would generally not be considered an heir because they were not legally married. Instead, Mark's closest legal relatives, such as his parents or siblings, would be designated as his heirs by law, even if this goes against what Mark might have privately wished, simply because no will was in place.