Probate Glossary

Heir

A person who may inherit from an estate when there is no valid will.

Definition

An heir is someone who may be legally entitled to inherit property from a deceased person under state intestacy laws when there is no valid will or when property is not otherwise distributed by a will, trust, beneficiary designation, or other transfer method.

Frequently Asked Questions

What is the difference between an heir and a beneficiary?

An heir may inherit under state law when there is no valid will. A beneficiary is someone named to receive property through a will, trust, beneficiary designation, or other estate planning document.

What happens if someone dies without a will?

When someone dies without a valid will, the estate is usually handled under state intestacy laws. Those laws determine who may inherit and who may have priority to serve as Personal Representative.