Also known as: heirs at law · heir-at-law · heirs-at-law · legal heir
Written by attorneys · grounded in primary & secondary sources — see below
A person who succeeds to property by operation of the intestacy statutes upon the death of an owner who leaves no valid will disposing of that property.
Harold Hunt conveyed land to his daughter for life with remainder to his heirs at law. After the daughter died, the property passed directly to Harold's collateral relatives under the intestacy statute rather than returning to Harold's estate. The language did not trigger any reversionary interest.
Hannah Hale created a trust directing the trustee to convey the remainder to her heirs at law after her son's life estate ended. The court treated the heirs as taking by purchase under the instrument rather than by descent. This prevented any automatic reversion to Hannah's estate.
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Hugo Hart's ancestor devised property that later became the subject of a title challenge by distant relatives claiming as heirs at law. The court resolved the competing claims by determining which line properly succeeded under the intestacy rules in effect at the relevant time. The prevailing heirs at law obtained clear title.
Hector Huerta executed declarations naming his nephew as beneficiary of corporate stock held in trust. Upon Hector's death the administrators claimed the stock as heirs at law because the trust instruments were invalid. The court determined the nephew held no enforceable interest and the stock passed to the heirs at law.
Hannah Hughes's will contained ambiguous language about remainder interests after a life estate. Her heirs at law sought to introduce evidence showing the testator intended a different distribution than the will's literal terms. The court admitted the evidence to determine whether the heirs at law took the property.
Hiroshi Hasegawa's will left property in trust for charitable purposes with any residue to his heirs at law. After the charitable purpose failed the heirs at law claimed the property under the resulting trust doctrine. The court awarded the residue to the heirs at law as the persons entitled under intestacy.
The Code abolishes the doctrine of worthier title both as a rule of law and as a rule of construction. Language calling for distribution to a transferor's heirs at law therefore does not create or presumptively create a reversionary interest in the transferor.
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Any property not effectively disposed of by will passes under the laws of intestate succession to the decedent's heirs at law. The presence of a will does not prevent partial intestacy when specific assets are omitted.
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No. Heirs at law are determined by the applicable intestacy statute and may include collateral relatives when there are no surviving lineal descendants. The precise class depends on the jurisdiction's statutory order of succession.
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…the deed. He was also empowered to sell. Upon the death of the grantor, he was to “convey the said premises (if not sold) to the heirs at law of the party of the first part.” In case of a sale, he was to pay to the heirs at law “the balance of the avails of sale remaining unexpended.” He was authorized at any time, if he so…