Heirship

Heirship is the status or right of a person to receive property, titles, or other assets from a deceased relative, based on kinship or testament. It encompasses both the determination of who is eligible to inherit and the portion or manner in which the inheritance is distributed. The term is used in legal contexts as well as in genealogical and historical discussion to describe lines of inheritance.

In legal systems, heirs are identified through different frameworks. In common law jurisdictions, heirs at law may be determined when a person dies intestate (without a valid will), and the estate passes to relatives according to statutory rules. A will or other testamentary instrument can designate specific heirs or beneficiaries, creating a testate succession. Civil law systems typically prescribe a statutory order of succession based on kinship, with living spouses and children often prioritized, and more distant relatives receiving smaller shares or none at all. Elements such as the marital relationship, legitimacy, and adoption can affect who is considered an heir.

Common concepts in heirship include the designation of heirs apparent and heirs presumptive in monarchies and noble houses, where the line of succession can be sensitive to births, deaths, or changes in status. Traditional inheritance practices have included primogeniture (favoring the firstborn child) and, in some environments, ultimogeniture. Modern practice often uses per stirpes or per capita distribution methods to allocate shares among descendants.

The term also appears in genealogical and estate-planning contexts, where understanding who is an heir helps map family relationships, resolve disputes, and plan for the transfer of assets, including considerations for adopted or step-relatives.