Heir: Definition, Types, Intestate Succession, and Examples

Key takeaways

• An heir is a person entitled by law to inherit some or all of a deceased person’s estate when there is no valid will (dying intestate).
• Intestate succession and probate rules—set by state or national law—determine who inherits and in what order.
• Heirs are typically close relatives (spouse, children, grandchildren), while beneficiaries are named in a will or other legal document and can be anyone or any entity.
• Common heir types include heir apparent, presumptive heir, adoptive heir, and collateral heir.

What is an heir?

An heir is someone who inherits the property of a deceased person under the law when that person dies without a valid will. The legal process used to identify, value, and distribute the deceased’s assets is probate. If there is no will, a probate court follows intestate succession statutes to distribute the estate to heirs-at-law.

Types of heirs

• Heir apparent: Someone expected to inherit and whose right cannot be displaced by the birth of another heir (often used in hereditary titles).
• Presumptive heir: Someone who would inherit under current circumstances but could be displaced by a later-born eligible heir.
• Adoptive heir: A legally adopted child who has the same inheritance rights as a biological child.
• Collateral heir: A relative who is not a direct descendant (for example, siblings, nieces, nephews).
• Heiress: A traditional term for a female heir, commonly used when substantial assets are involved.

Intestate succession and probate — how it works

1. Probate court appoints an administrator or executor to manage the estate.
2. The administrator gathers assets, pays debts and taxes, and identifies lawful heirs.
3. Remaining assets are distributed according to intestate succession laws, which vary by jurisdiction.

Typical distribution hierarchy (varies by jurisdiction):
* Spouse
* Children (and their descendants)
* Parents
* Siblings and their descendants
* More distant relatives
If no qualifying relatives can be located, the estate may ultimately escheat to the state.

Heirs vs. beneficiaries

• Heir: Someone entitled to inherit under intestacy laws when there is no valid will. Heirs are generally relatives with a legal claim under statute.
• Beneficiary: Someone (person or entity) specifically named in a will, trust, insurance policy, or other legal instrument to receive assets. Beneficiaries can include friends, charities, or organizations who would not be heirs under intestacy.

Not all heirs are beneficiaries (an estranged child can be omitted from a will), and not all beneficiaries are heirs (a named friend or charity may inherit under a will but would not inherit under intestacy).

Real-world examples

• Rockefeller family: John D. Rockefeller’s estate passed largely to his surviving children and descendants; family offices and trusts later continued wealth transmission across generations.
• British throne: A hereditary example of succession—titles and monarchy often follow strict lines of succession (e.g., the monarch’s eldest child is first in line).

Common questions

Q: Who is considered an heir?
A: Typically a spouse, children, grandchildren, or other close relatives identified by statute. The exact order and eligibility depend on local intestacy laws.

Q: Can a non-relative be an heir?
A: No — non-relatives are not heirs under intestacy statutes. They can be beneficiaries only if explicitly named in a will or other legal arrangement.

Q: Do adopted children inherit?
A: Yes. Legally adopted children generally have the same inheritance rights as biological children.

Bottom line

An heir is a person entitled by law to inherit when someone dies without a valid will. Intestate succession and probate rules—set by jurisdiction—determine who those heirs are and how assets are distributed. To control who receives your property, use estate-planning tools (wills, trusts, beneficiary designations) so beneficiaries you choose, whether relatives or others, receive what you intend.