An heir is an individual who is legally entitled to receive property when a decedent passes away intestate (without a will). The heir will receive assets simply because they are a relative of the decedent.
What you need to know
Heirs of an estate will often be named in the last will and testament, but it is important to differentiate between an heir and a beneficiary. The term "heir" is generally used to describe any individual who receives assets from an estate, but the correct term for that individual is that they are a "beneficiary." An heir is an individual who is legally entitled to receive assets from an estate, but it is possible for the decedent to intentionally leave the heir out of the will. This may occur if the heir is an estranged child of the decedent and the decedent chooses to cut them out of the will entirely.
Not all heirs are beneficiaries who inherit, and not all beneficiaries are technically heirs. If an individual is not a blood relative of the decedent but still receives assets, they are considered a beneficiary but are not called an heir.
What to do when a loved one dies
When people die, they leave behind a life that must be closed out. Don't tackle it all alone. From planning the funeral to tackling the legal & financial estate, here's an ultimate checklist of all the things an executor needs to do following the loss of a loved one.
Learn moreJohn, a widower, did not write a will before passing away and died intestate. He is survived by his two sons, Bill and Fred. Bill and Fred are considered to be the heirs of John's estate, and they will inherit according to the intestate distribution laws of their specific area.
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