Heir Under Intestacy and Inheritance Law

An heir is a person who may inherit from someone under intestacy law when property is not fully controlled by a valid will or other transfer.

An heir is a person who may inherit from someone under intestacy law when property is not fully controlled by a valid will or other transfer.

Why an heir matters

An heir matters because state intestacy rules determine who receives certain property when a person dies without a valid will for that property. The identity of heirs can affect probate filings, notice requirements, distributions, and disputes over family relationships.

Heirship is a legal status, not just a casual description of family closeness.

Where an heir appears

Heirs appear in probate petitions, intestacy proceedings, heirship affidavits, estate notices, real-property transfers, will contests, and family inheritance disputes.

Practical example

A person dies without a will. State law may identify a surviving spouse, children, parents, or other relatives as heirs depending on the family structure.

How an heir differs from nearby terms

An heir differs from a beneficiary because a beneficiary is named in a will, trust, policy, or account designation. An heir is identified by intestacy law. It differs from a devisee because a devisee receives property under a will.

Quick knowledge check

Why is an heir not always the same person as a beneficiary?