Also known as: heirs · heiress · heirdom · heirship · inheritor
Written by attorneys · grounded in primary & secondary sources — see below
A person entitled under the laws of intestacy to receive a decedent's property. The designation is determined at the moment of death and excludes those who take only by will.
Select any source to read its text and confirm it supports the definition.
Harold Hunt transfers $75,000 to his daughter Heidi Henderson two years before his death. Harold dies intestate survived by Heidi and one other child. No contemporaneous writing declares the transfer an advancement. The probate court distributes Heidi's full intestate share without deducting the lifetime gift.
Helena Hoffman conveys land to her brother for life, remainder to his heirs. The brother dies survived by both lineal descendants and a collateral relative. The remainder passes to all qualifying heirs under the limitation because the estate is inheritable by collateral as well as lineal heirs.
Hassan Hakim deeds a parcel to his son Hyun Han and signs a letter the same day stating the deed is an advancement. Hassan dies intestate. The court treats the parcel's value as an offset against Hyun's intestate share because the contemporaneous writing satisfies the statutory condition.
Hakeem Harris receives $40,000 from his aunt's estate during her lifetime. The aunt's note states the sum will be considered in dividing her intestate estate. Upon her death without a will, the probate court reduces Hakeem's share by the value of the transfer.
Horizon Dynamics founder dies intestate survived only by two adult children and his parents. With no surviving spouse, the entire estate passes by representation to the descendants under the governing intestacy statute.
A trust instrument directs distribution of the remainder to the settlor's heirs at law. Because the doctrine of worthier title has been abolished, the language creates no reversionary interest in the settlor's estate and the property passes directly to the designated heirs.
A lifetime gift to an heir is treated as an advancement against the intestate share only when the decedent's contemporaneous writing or the heir's written acknowledgment so indicates. Without the required writing the gift is not offset.
Supporting sources
No. An heir receives property solely by operation of intestacy statutes. A person who receives property under a will is a devisee or legatee, not an heir.
Supporting sources
The property is not taken into account in computing the division of the intestate estate unless the decedent's contemporaneous writing provides otherwise.
Supporting sources
…death, Trimble, as the mother and next friend of Deta Mona, filed a petition for letters of administration, determination of heirship, and declaratory relief in the Probate Division of the Circuit Court of Cook County, Ill. That court entered an order determining heirship, identifying as the only heirs of Gordon his…