Heir

Heir Definition

An heir, or heiress, is a person who may have legal authority to receive property of a family member upon their death when a will hasn’t been written or a trust hasn’t been established.

Explanation

The legal term “dying in intestate” is used when a person dies without a will. An intestate situation creates a problem when an heir or heirs must be established to inherit real property and other assets.

The law recognizes only certain types of heirs and has an hierarchy to recognize a claim to the assets or real property inheritance.

A presumptive heir is a colloquial term used to describe a person assumed to inherit from the deceased estate.

The heir apparent is first in line to be guaranteed to receive property from an estate. The only way an heir apparent won’t inherit is if they die before being able to inherit.

It also happens when the dead person has specifically excluded this heir from inheriting anything from the estate.

This exclusion is done by filing legal documents that deny the heir’s legal status as a family member.

An adoptive heir is another type of heir. Adoptive heirs have the same rights as biological children to inherit.

A collateral heir is a blood relative, but not a direct descendant (meaning immediate family member). This heir would inherit in the absence of any apparent or adoptive heirs.

A beneficiary is not the same as an heir. Beneficiaries inherit assets through a will. People claiming to be beneficiaries have no legal claim to property or assets without a will.