The Hierarchy of Heirs

By Ellis Roanhorse

The hierarchy of heirs is determined by laws that govern inheritance in each state. Some states have adopted the Uniform Probate Code and have based their inheritance laws on its recommendations. The Uniform Probate Code provides rules concerning who is entitled to inherit a deceased relative's property/estate if no last will and testament was executed. Although laws may vary somewhat by state, typically the hierarchy of heirs is intended to divide the estate fairly among surviving family members.

The hierarchy of heirs is determined by laws that govern inheritance in each state. Some states have adopted the Uniform Probate Code and have based their inheritance laws on its recommendations. The Uniform Probate Code provides rules concerning who is entitled to inherit a deceased relative's property/estate if no last will and testament was executed. Although laws may vary somewhat by state, typically the hierarchy of heirs is intended to divide the estate fairly among surviving family members.

Last Will and Testament

Although individuals who receive part of an estate according to a last will and testament are called "beneficiaries" rather than "heirs," there is still a hierarchy or heirs if a will was executed. A hierarchy of heirs applies to a last will and testament in that surviving spouses are entitled by law to a share of their deceased spouse's estate. A provision in a will that attempts to disinherit a spouse may be declared invalid, unless the couple had a prenuptial agreement stating that the surviving spouse agreed to forfeit her share. Absent a prenuptial agreement, a surviving spouse typically has a statutory right to a portion of her deceased spouse's assets.

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Intestate Sucession

Every state has laws that provide a hierarchy of heirs. These laws -- known as laws of intestate succession -- exist to give guidelines for how to divide an estate when a person passes away without a will; passing away without a will is referred to as dying "intestate." Laws of intestate succession also serve to provide a hierarchy of heirs where a person made a will, but the will was declared invalid.

Common Provisions

Although each state has its own individual laws of intestate succession, there are common provisions. In the hierarchy of heirs, a surviving spouse is usually entitled to inherit a share of the marital estate. If there is no surviving spouse, children are typically next in line. Furthermore, children often inherit a parent's estate in equal shares. If there is no surviving spouse or surviving children, grandchildren are typically next in the hierarchy of heirs.

Collateral Heirs

Relatives who do not descend directly from a deceased person are known as collateral heirs. For instance, collateral heirs may include parents, grandparents, siblings and siblings' children. Often when a person passes away and leaves no spouse, children or grandchildren, his parents are next in the hierarchy; if there are no living parents, his estate may pass to his sisters and brothers.

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How to Determine Who Is an Heir

References

Related articles

Mississippi Estate Inheritance Laws

If a Mississippi resident fails to make arrangements for the division of his property by making a will, his property will be divided according to state law. These laws are known as "laws of intestate succession," and they provide a distribution scheme that dictates a priority of heirs. In other words, certain relatives are entitled to all, or a portion of, a decedent's estate under certain circumstances -- if he didn't make a valid will. Dying without a valid will is known as dying "intestate."

Types of Heirs

In general, an heir is a person who is entitled to inherit all or part of a deceased person’s estate. However, in legal terms, heir has a narrower meaning. The term "heir” specifically refers to a person who inherits assets from the estate of a person who died without a will. There are two major types of heirs.

The Inheritance Hierarchy Without a Will in New York State

A person who dies without leaving a will is said to have died “intestate.” New York courts distribute intestate property according to a statutory scheme of succession and these laws apply only to property located in the state of New York. Laws of other states may apply to real property located outside of New York, even if the decedent had been a legal resident of the state. The intent of New York's intestate succession law is to distribute the estate in the manner in which the decedent likely would have had she left a will; the statutory scheme distributes the decedent's property to the closest surviving relatives first.

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