What Is a Sole Heir & Executor?

By Ellis Roanhorse

The terms "sole heir" and "executor" are commonly used in estate planning and probate law. The sole heir of a deceased person's estate stands to inherit the whole of the estate; the executor is a person designated in a last will and testament to settle a deceased person's estate. Executors either settle a deceased person's estate outside of probate court or through the probate process.

Overview

The term "sole heir" refers to someone who is entitled to inherit a deceased person's entire estate, according to the laws of intestacy in the state where the deceased person lived or owned property at the time of death. Laws of intestacy are meant to provide a default scheme when an individual dies without a will, or "intestate." Technically, a person designated to inherit property in a last will and testament is not an heir, but a "beneficiary."

Sole Heir

A sole heir inherits all property of a deceased person because there is no other person entitled to a share of the estate; inheritance is typically distributed to a sole heir via the probate process and pursuant state inheritance laws. Property may include savings and checking account proceeds, real estate and personal property such as jewelry, automobiles and furniture.

Protect your loved ones. Start My Estate Plan

Executor's Duties

Generally, an executor is a person who a will maker, or "testator," names in a last will and testament to oversee the settlement of the estate. Executors have certain responsibilities, including paying the deceased person's creditors. When an individual is both sole heir and executor, he inherits the entire estate only after all the deceased person's debts are paid. If a deceased person had more debt than assets at the time of death, the estate is considered "insolvent" and the sole heir is unlikely to inherit anything.

Probate

Heirs typically inherit a deceased person's property through a probate court because the term "heir" refers to a person who is entitled to inherit property according to a state's intestacy law. Probate courts oversee the distribution of property as dictated by state law. Probate courts also assist executors in the settling of a deceased person's estate by interpreting the provisions of a last will and testament and settling any disputes that may arise.

Considerations

Typically, the term "executor" is used when a deceased person left a will. When a person dies without a will, a probate court will appoint a personal representative; personal representatives have the same duties executors have. The term "sole heir" is typically used when a deceased person dies without a will, as heirs inherit pursuant to laws of intestacy. The term "beneficiary" is used to describe a person who inherits pursuant to the provisions in a will. Although the terms "heir" and "beneficiary" are often used interchangeably, they are not the same.

Protect your loved ones. Start My Estate Plan
What Does Sole Beneficiary Mean?
 

References

Related articles

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.

Who Is Designated to Carry Out the Terms of a Will?

After an individual passes away, it is up to the executor to carry out the terms of the will as written by the testator. Also known as a personal representative, an executor has a number of legal responsibilities that ensure the decedent's wishes are carried out and debts and taxes of the estate are taken care of. Generally, the probate court follows the wishes of the testator. However, in certain circumstances, you may challenge the appointment of an executor.

The Hierarchy of Heirs

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.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

What Does Probate for a Will Mean?

Probate is the process of transferring legal title to property from a person who has died to that person's heirs or ...

Inheritance Rights After a Death

People's inheritance rights vary depending on the estate planning tools used by the decedent, or the person who died. ...

If There Is No Will, Who Assigns an Executor?

The term "intestacy" refers to a probate situation in which a person dies without a valid will. When this is the case, ...

How to Probate a Will in BC, Canada

In Canada, all wills are subject to probate, a court process that validates the will and gives the legal authority for ...

Browse by category
Ready to Begin? GET STARTED