Legal Definitions - heir general

An heir general refers to the person or group of people who are legally entitled to inherit the property of someone who has died without a valid will. These individuals are identified according to the laws of intestacy, which are state-specific rules that dictate how a deceased person's assets, particularly real estate, are distributed when no will exists. Essentially, the heir general is the default legal successor determined by law, rather than by a will or specific purchase.

Here are some examples illustrating the concept of an heir general:

• Example 1: Sarah, a single woman, passes away unexpectedly without having created a will. She is survived by her two adult children, David and Emily. According to the intestacy laws in her state, children are the primary beneficiaries when there is no surviving spouse. In this scenario, David and Emily would be considered Sarah's heirs general, and her estate would be divided between them as per the state's legal framework.

  Explanation: David and Emily are the heirs general because they inherit Sarah's property by default under the state's intestacy laws, not because Sarah named them in a will.

• Example 2: Mark, who was married to Lisa for 30 years and had no children, dies without a will. Under the intestacy laws of their state, a surviving spouse typically inherits the entire estate if there are no children or parents also surviving. In this case, Lisa would be the heir general for Mark's estate, inheriting all his property as dictated by law.

  Explanation: Lisa is the heir general because she is the legal default inheritor of Mark's estate based on the state's intestacy statutes for a surviving spouse without children.

• Example 3: Robert, an elderly gentleman, passes away without a will. He had outlived his wife and only child. His closest living relatives are his two sisters, Carol and Susan. The state's intestacy laws specify that if there is no surviving spouse, children, or parents, then siblings are next in line to inherit. Therefore, Carol and Susan would be the heirs general, and Robert's property would be distributed equally between them.

  Explanation: Carol and Susan are the heirs general because they are the individuals designated by the state's intestacy laws to inherit Robert's property in the absence of closer relatives.