# Heirs Defined: Types, Intestate Succession, and Real-World Examples

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## What Is an Heir?

An heir legally inherits the estate of someone who dies intestate, lacking a will. Heirs, typically children or close relatives, receive property based on state probate laws. Explore the types of heirs, the process of intestate succession, and examples like the Rockefeller family's inheritance.

### Key Takeaways

*   An heir inherits the [estate](https://www.investopedia.com/terms/e/estate.asp) of a deceased person who dies without a will, which is referred to as dying intestate.
*   Dying intestate means a probate court decides on the distribution of the deceased's assets based on state laws.
*   Heirs usually include children, descendants, or other close relatives, while beneficiaries are named to receive assets in a will.
*   Numerous types of heirs exist, such as an heir apparent, presumptive heir, adoptive heir, and collateral heir.
*   The distribution hierarchy in intestate succession typically starts with the spouse, followed by children and grandchildren.

## Understanding Estates and Inheritance Rules

When there is more than one heir with the same relationship to the deceased, such as the case when there are two siblings, those individuals typically divide up the estate equally.

An inheritance is the [estate](https://www.investopedia.com/terms/e/estateplanning.asp) portion given to an heir. Inheritance includes cash, stocks, bonds, real estate, and items like cars, furniture, antiques, art, and jewelry.

### Common Types of Heirs in Intestate Succession

Specific types of heirs include:

*   An heir apparent: This describes a person who is widely assumed to receive the inheritance.
*   A presumptive heir: This describes a person who, under present circumstances, would be considered to be an heir, but whose right of inheritance may be defeated by the contingency of a more recently born individual.
*   Adoptive heir: This refers to a legally adopted child who has the same rights as the biological children of the parents.
*   A collateral heir: This describes a relative who isn’t a direct descendant, but is nevertheless a family member.

## Navigating Intestate Succession and Probate

When an individual dies without a will, it is known as dying [intestate](https://www.investopedia.com/terms/i/intestate.asp). The term also applies if a will is deemed invalid. The manner in which the deceased’s assets will be distributed in intestacy is decided by a probate court.

When a person dies intestate, a court administrator will oversee the deceased’s estate. They gather assets, pay liabilities, and distribute what's left to [beneficiaries](https://www.investopedia.com/terms/b/beneficiary.asp) or heirs-at-law. The probate process is determined by state law and thus can be different from state to state.

The remaining assets are passed to the beneficiaries via intestate succession, which determines the hierarchy of how the assets will be given. The intestate succession starts with the deceased’s spouse, then the children, and then the grandchildren. If no living family or heirs-at-law can be located, the assets will go to the state.

## Heirs vs. Beneficiaries: Key Differences Explained

While the term “heir” legally refers to a person who receives the property of an individual who died intestate, in common parlance, the term is often used to describe those inheriting property, as designated by a will.

However, strictly speaking, this usage of the word is factually inaccurate, as the proper term for such an individual is a “beneficiary.” The term legally defines someone who is entitled to collect the property, as prescribed by a will, trust, [insurance policy](https://www.investopedia.com/articles/active-trading/120814/life-insurance-smart-investment.asp), or another binding arrangement.

> **Important**
>
> Traditionally, Jewish, Christian, and Islamic laws each have their own sets of customs when it comes to heirs.

Not all heirs are beneficiaries, such as in the case of an estranged adult child who is intentionally left out of a will. Likewise, not all beneficiaries are heirs. For example, a person can designate a friend or companion to receive property.

In the latter case, the friend is not an heir, because he would not be the recipient of property if left intestate, because he is not a child or direct relative of the decedent. However, that friend can accurately be called a beneficiary, as designated through the deceased person’s will or another arrangement.

A female heir is often referred to as an heiress, particularly if the inheritance involves substantial [wealth](https://www.investopedia.com/terms/w/wealth.asp).

## Real-World Examples of Heir Succession

### Rockefeller Family

The Rockefeller family is one of the most famous families in the world. The family’s wealth was accumulated by [John D. Rockefeller](https://www.investopedia.com/articles/economics/08/jd-rockefeller.asp) through his business in the [oil industry](https://www.investopedia.com/investing/oil-gas-industry-overview/). Though he gave a significant portion of his wealth to charity, his heirs were his two surviving children at the time of his death: Alta Rockefeller and John D. Rockefeller Jr.

Both children during and after Rockefeller’s lifetime received a significant portion of his wealth as his heirs, wealth that has [continued to be passed down](https://www.investopedia.com/rockefeller-usd900-million-legacy-what-happened-11701780) to family members to this day. Though technically a beneficiary, as he was the only son of Rockefeller, John D. Rockefeller Jr. took over the family office and joined the family businesses. He was considered to be the heir to Rockefeller.

### The British Throne

The British line of succession is hereditary and is passed down via bloodline from the monarch to their eldest living child, either male or female.

The current monarch is Prince Charles III, who took on the role after his mother, Queen Elizabeth II, passed away. The heir to the throne is Charles’ eldest child, Prince William. After Prince William, the heir to the throne is the prince’s eldest child, Prince George.

## What Makes Someone an Heir?

An heir is someone who is legally entitled to inherit the deceased’s assets when no will is present. Heirs are typically children or other living relatives. Nations and states have laws concerning inheritance and who qualifies as an heir.

## What Is the Difference Between an Heir and a Beneficiary?

An heir is someone who is set to inherit the property of the deceased when no will or testament has been made. A beneficiary is someone who was chosen by the deceased to inherit their property, as laid out in a will or testament. An heir is typically a close living relative whereas a beneficiary can be any person or entity.

## Who Is Considered an Heir?

Children are considered to be heirs and are the most common example. If no children are living, then a person’s grandchildren are considered to be heirs. If a person has no children or grandchildren, then the next closest living relative would be considered an heir.

## The Bottom Line

An heir legally inherits property when a person dies without a will, known as dying intestate. This includes children, grandchildren, or other close relatives, as determined by state laws. While heirs inherit by law, beneficiaries receive assets explicitly designated in a will or estate plan. Understanding the distinction between heirs and beneficiaries is crucial for estate planning and ensuring desired asset distribution, whether through legal heirs or chosen beneficiaries.

> **Article Sources**
>
> 1.  Justia. “[Intestate Succession Rules—The Alternative to Estate Planning](https://www.justia.com/estate-planning/wills/intestate-succession-rules/).”
>     
> 2.  The Royal Household. “[Succession](https://www.royal.uk/succession).”