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.

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.

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.

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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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The Rules of Inheritance
 

References

Related articles

Laws on Inheritances

Every state has its own set of unique laws that govern inheritance. These laws, known as "laws of intestate succession," provide guidelines as to the priority of heirs. In other words, these laws explain who is entitled to an inheritance -- and how much they're entitled to receive -- when a relative dies without a will or dies with an invalid will.

Inheritance Laws in Alaska

In Alaska, as in other states, when a decedent doesn't make a will, his property and assets must be divided according to the state's inheritance laws. These laws, known as "laws of intestate succession," provide guidelines as to the priority of heirs and what happens to property when there are no heirs.

Tennessee Estate Laws

Tennessee's estate laws govern how a person's property, collectively known as the estate, is to be divided upon his death. Tennessee law sets forth the requirements for a valid will, but if a person doesn't have a will, the law contains intestacy provisions, setting forth the order in which his heirs may inherit. Tennessee law will protect a deceased's spouse if she is disinherited.

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