Legal Definitions - heir at law

An heir at law is an individual legally entitled to inherit property from someone who has died intestate, meaning without a valid will. When a person passes away without a will, state laws, known as intestacy laws, dictate who inherits their assets. These laws establish a specific order of priority among surviving relatives, determining who qualifies as an heir at law and in what proportion they will receive the deceased person's estate.

• Example 1: A Family's Inheritance

  Mr. Henderson 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 are all considered heirs at law. The specific state laws will determine how Mr. Henderson's property is divided among them, often prioritizing the spouse but also allocating shares to the children.

• Example 2: Siblings as Beneficiaries

  Ms. Chen, a single individual with no children, dies without a will. Her parents had passed away years ago. Her only living relatives are her two younger brothers, David and Robert. In this situation, David and Robert would be considered Ms. Chen's heirs at law. According to the state's intestacy statutes, because there is no surviving spouse, children, or parents, the inheritance would typically pass to the siblings, divided equally between them.

• Example 3: Distant Relatives and Unmarried Partners

  John lives with his long-term partner, Lisa, but they are not married. John dies suddenly without a will, and he has no children, no living parents, and no siblings. His closest blood relative is his first cousin, Mark. Despite Lisa being John's life partner, she would not be considered an heir at law under most state intestacy laws because they were not legally married. Instead, Mark, as John's closest surviving blood relative according to the state's hierarchy, would likely be deemed the heir at law and inherit John's estate.