A legal heir refers to an individual who is entitled to inherit property or assets from a deceased person according to the laws of intestate succession. This term is significant in the context of estate planning and probate, particularly when an individual dies without a will (intestate).
In general, legal heirs are determined by the state laws that govern inheritance, which typically prioritize relatives such as spouses, children, parents, and siblings. The specific hierarchy of heirs can vary by jurisdiction, but the underlying principle is that a legal heir has a recognized right to receive a portion of the deceased’s estate.
For example, in Texas, the laws of intestate succession stipulate that if a person dies leaving a spouse and children, the spouse typically inherits one-half of the estate, while the children share the other half. If there are no direct descendants, the estate may pass to the deceased’s parents, siblings, or more distant relatives, depending on the family structure.
It’s important for individuals engaged in estate planning to clearly identify their legal heirs to ensure that their wishes for asset distribution are honored and to avoid potential disputes during the probate process.
« Back to Glossary Index