Heirs

An heir is a person who has the legal right to inherit assets from someone who has died, especially when the deceased did not leave a will or trust (a situation called dying intestate). This right is generally established by law based on family relationships such as blood, marriage, or adoption, rather than the deceased's explicit wishes.

Key points about heirs include:

• Heirs inherit according to state intestate succession laws when there is no valid will, with assets typically passing first to a surviving spouse or domestic partner, then children, then other close relatives, and if no heirs are found, possibly to the state.
• Heirs are usually close relatives like children, descendants, or other family members, but in some jurisdictions, the state can be considered an heir if no relatives exist.
• The term heir differs from beneficiary: an heir inherits by law when there is no will, while a beneficiary is specifically named in a will or trust to receive assets, regardless of relation to the deceased.
• There are different types of heirs, such as the heir apparent (first in line), presumptive heir (whose right may be defeated), adoptive heir (with rights equal to biological children), and collateral heir (a blood relative but not a direct descendant).

In summary, an heir is someone legally entitled to inherit from a deceased person under intestate succession laws, typically a close family member, and this status exists independently of any will or testamentary document. Beneficiaries, by contrast, are designated by the deceased’s will or trust.