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Glossary

Heir

Also called: legal heir, heir at law

Updated June 7, 2026

Heirs versus beneficiaries

The two words sound alike but mean different things. Heirs are defined by family relationships and state law — they inherit when there is no will. Beneficiaries are defined by a will, trust, or account designation — they inherit because someone named them. A person can be both, or either, depending on the documents involved.

When heirs inherit

When a person dies intestate — without a valid will — the estate passes to heirs in the order set by state law. That order favors a surviving spouse and children, then parents, siblings, and more distant relatives. Only if no heir at law can be found does the estate pass to the state, a process called escheat.

Related terms

  • BeneficiaryA beneficiary is a person or organization designated to receive an asset or benefit from a will, trust, life insurance policy, retirement account, or other arrangement. Being named a beneficiary gives someone a legal right to receive that specific asset — often outside of probate — when the owner passes.
  • IntestateIntestate means dying without a valid will. When that happens, state law — called intestate succession — decides who inherits, in a fixed order that usually favors a spouse and children, then other close relatives. The court appoints an administrator to settle the estate.
  • Per StirpesPer stirpes is a Latin phrase meaning "by the branch." When an inheritance is distributed per stirpes, a deceased beneficiary's share passes to their descendants rather than lapsing or being split among the surviving beneficiaries. If a child of the deceased predeceased them, that child's share goes to their own children (the grandchildren of the deceased) in equal parts.
  • Per CapitaPer capita is a Latin phrase meaning "by the head." When an inheritance is distributed per capita, each surviving person in the designated class receives an equal share. If a member of that class has already died, their share is divided equally among the remaining survivors rather than passing to their descendants.
  • EscheatEscheat is the legal process by which a person's property passes to the state when they die with no valid will and no living heirs who can be found. It also applies to dormant financial accounts — banks and other institutions are required in most states to turn over unclaimed funds to the state after a period of inactivity.

Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.