Heir

An heir is an individual who is entitled to receive assets or properties from a deceased person’s estate, either through the laws of intestate succession or as specified in a will.

In the context of intestate succession, if a person dies without a valid will, the state’s laws dictate who the heirs are. Typically, these laws prioritize close relatives, such as spouses, children, and parents, in that order. For example, in Texas, if someone dies without a will, their estate would generally be divided among their surviving spouse and children, with the spouse receiving a portion of the community property and the children inheriting the separate property.

When a valid will exists, the deceased can designate specific individuals as heirs, often referred to as "beneficiaries" in this context. For instance, a testator may specify that their children are to inherit equal shares of the estate, or they may name non-relatives or organizations as heirs.

It is important to note that an heir does not automatically take possession of the estate; the estate must go through the probate process, which validates the will (if one exists) and oversees the distribution of assets according to the law or the directives of the will. Additionally, heirs may be responsible for any debts associated with the estate, depending on the jurisdiction’s laws and the type of property inherited.