What Is an Heir?
An heไir is defined as an i🦄ndividual who is legally entitled to inherit some or all of the estate of another person who dies intestate.
Dying intestate means the deceased person failed to establish a legal last will and testament during their living years. In such a scenario, the heir receives property according to the laws of the state in which the property is probat🤪ed.
Heirs who inherit property are typically childre🎶n, descendants, or other close relatives of the decedent. Spouses typically are not legally considered to be heirs, as they are instead entitled to properties via marital or community property laws.
Key Takeaways
- An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament.
- When an individual dies without a will, it is known as dying intestate, and a probate court determines how the assets are distributed.
- Generally, heirs who inherit the property are children, descendants, or other close relatives of the decedent.
- Legally speaking, heirs differ from beneficiaries, who are designated by a will or other written document as the intended recipients of a decedent's assets.
- The portion of a deceased person’s estate that’s bequeathed to an heir is known as an inheritance.
Estates and Heirs
When there is more than one heir with the same relationship to the deceased, such as the case when there are two siblings, those individuals typically divide up the estate 🔯equally.
The portion of a deceased 澳洲幸运5开奖号码历史查询:person’s estate that’s bequeathed to an heir is known as an inherit✅ance. This inheritance can involve cash, stocks, bonds, real estate, and other personal property such as automobiles, furniture, antiques, artwork, and jewelry.
Types of Heirs
There ar🗹e many specific types of h♛eirs, including the following:
- An heir apparent: This describes a person who is widely assumed to receive the inheritance.
- A presumptive heir: This describes a person who, under present circumstances, would be considered to be an heir, but whose right of inheritance may be defeated by the contingency of a more recently born individual.
- Adoptive heir: This refers to a legally adopted child who has the same rights as the biological children of the parents.
- A collateral heir: This describes a relative who isn’t a direct descendant, but is nevertheless a family member.
Intestate
When an individual dies without a will, it is known as dying 澳洲幸运5开奖号码历史查询:intestate. The term can also refer to a situation where the will is considered to be invalid. The manner in✅ which the deceased’s assets will 🐈be distributed in intestacy is decided by a probate court.
When a person dies intestate, a court administrator will oversee the deceased’s estate. They will gather all assets, pay off any liabilities, and distribute the remaining assets to the individuals considered to be the 澳洲幸运5开奖号码历史查询:beneficiaries of the deceased; the heirs-at-law. The probat💛e process is determined by state law and thus can be different from state to state.
The remaining assets are passed to the beneficiaries via intestate succession, which determines the hierarchy of how the assets will be given. The intestate succession starts with the deceased’s spouse, then the children, and then the grandchildren. If no living family or heirs-at-law can be located, the assets will go to the state.
Heir vs. Beneficiary
While the term “heir” legally refers to a person who receives the property of an individual who d🍒ied intestate, in common parlance, the term is often used to describe those inheriting property, as designated by a will.
However, strictly speaking, this usage of the word is factually inaccurate, as the proper term for such an individual is a “beneficiary.” The term legally defines someone who is entitled to collect the property, as prescribed by a will, trust, 澳洲幸运5开奖号码历史查询:insurance policy, or another binding arrangement.
Important
Traditionally, Jewish, Christian, and 𝐆Islamic laws each have their own sets of customs when it comes to heirs.
Not all heirs are beneficiaries, such as in the case of an estranged adult child who is intentionally left out of a will. Like𒊎wise, not all beneficiaries are heirs. For example, a person can designate a friend or companion to receive property.
In the latter case, the friend is not an heir, because he would not be the recipient of property if left intestate, because he is not a child or di꧋rect relative of the decedent. However, that friend can accurately be called a beneficiary, as designated through the deceased person’s will or another arrangement.
A female heir is often referred to as an heiress, particularly if the inheritance involves substantial wealth.
Examples
Rockefeller Family
The Rockefeller family is one of the most famous families in the world. The family’s wealth was accumulated by 澳洲幸运5开奖号码历史查询:John D. Rockefeller through his business in the 澳洲幸运5开奖号码历史查询:oil industry. Though he gave a significant portion of his wealth to charity, his heirs were hi🥀s two surviving children at t💙he time of his death: Alta Rockefeller and John D. Rockefeller Jr.
Both children during and after Rockefeller’s lifetime received a significant portion of his wealth as his heirs, wealth that has 澳洲幸运5开奖号码历史查询:continued to be passed down to family members to this day. Though technically a beneficiary, as he was the only son of Rockefeller, John D. Rockefeller Jr. took over the family office an𓄧d joined the family businesses. He was considered to be the heir to Rockefe𝔉ller.
The British Throne
The British line of succession is hereditary and is passed down via bloodline f🅺rom the monarch to their eldest living child, either male or female.
The current monarch is Prince Charles III, who took on the role after his mother, Queen Elizabeth II, passed away. The heir to the throne is Charles’ eldest child, Prince William. After Prince William, the heir to the throne is the prince’s eldest child, Prince George.
What Makes Someone an Heir?
An heir is someone who is legally entitled to inherit the deceased’s assets when no will is present. Heirs are typically children or other living relatives. Nations and state🍌s have laws concerning inheritance and w🎉ho qualifies as an heir.
What Is the Difference Between an Heir and a Beneficiary?
An heir is someone who is set to inherit the proper⛦ty of the deceased when no will or testament has been made. A beneficiary is someone who was chosen by the deceased to inherit their property, as laid out in a will or testament. An heir is typically a close living relative whereas a beneficiary can be any person or൩ entity.
Who Is Considered an Heir?
Child🦩ren are considered to be heirs and are the most common example. If no children are living, then a person’s grandchildre🦂n are considered to be heirs. If a person has no children or grandchildren, then the next closest living relative would be considered an heir.
The Bottom Line
An heir is someone who is entitled to the estate of a recently deceased person, most often when the deceased does n𒁏ot leav𓆏e a will designating a beneficiary.
An heir is often the child of an individual. The term “heir” has commonly been associated with lines of succession, particularly in royal families. However, the term can also simply refer to any individu⭕al who will assume the estate of 🌜another individual. This can be a child, grandchild, nephew, niece, or sibling.