**Heir** (noun) — A person entitled by law to inherit property from someone who dies without a valid will (intestate). The term traditionally refers to those who inherit real property (land and buildings), though it's often used more broadly to mean anyone who inherits under intestacy laws.
An heir is someone who inherits when there's no will—or when the will doesn't cover everything.
When someone dies without a will, the law decides who gets their property. It follows a specific order, usually starting with your spouse and children, then moving to parents, siblings, and more distant relatives if necessary. These people are your heirs.
This is different from a beneficiary. A beneficiary is someone you've chosen to inherit from you by naming them in your will or on an account designation. An heir is someone the law says should inherit from you if you haven't made those choices yourself.
If you make a comprehensive will that covers all your property, your heirs may not inherit anything—because you've named beneficiaries instead. But if your will is incomplete, or if it's invalid, or if you die without one, your heirs are the people who step in.
⏱ When you'll encounter this term
Understanding the difference between heirs and beneficiaries helps clarify why making a will matters.
Without a will, your heirs inherit according to a fixed legal formula. That formula might not match what you would have wanted. It might leave out people you care about. It might give property to relatives you're estranged from. And it might not account for your family's actual needs.
When you make a will, you're choosing your beneficiaries. You're taking control away from the default rules about heirs and making your own decisions about who gets what.
The term "heir" still matters even when you have a will. If your will doesn't dispose of everything—perhaps you acquired property after writing it, or a gift failed because a beneficiary died before you—your heirs may inherit what's left over.
That's why it's worth knowing who your heirs would be under the law. Even if you plan to write a will, understanding the default rules can help you think through your choices.
**Related terms:** [Beneficiary](/dictionary/beneficiary), [Intestate](/dictionary/intestate), [Intestate succession](/dictionary/intestate-succession), [Next of kin](/dictionary/next-of-kin)
---
Learn More
Related Dictionary Terms
Common Questions