heirsdescendants

Heirs and descendants describe relationships used in inheritance law and genealogical contexts. Heirs are the persons who would receive a deceased person’s estate under intestate succession rules when there is no valid will. Descendants are lineal offspring of a person—for example children, grandchildren, and great-grandchildren—who share a common biological or adoptive line.

In many legal systems, the class of heirs in intestacy is defined by statute and often starts with a surviving spouse and children, then extends to parents, siblings, and more distant relatives if no closer relatives exist.

Descendants are not automatically heirs in all circumstances, especially if there is a will. However, descendants are typically included in the set of potential heirs under intestacy and are the usual recipients under per stirpes distribution schemes, where a share is divided among the descendants of a deceased child.

Wills and trusts can designate heirs, beneficiaries, or legatees by name, and may disinherit certain relatives. The terms vary by jurisdiction; some places use "legatee" for those named in a will instead of "heir."

Because rules differ, practitioners emphasize checking local statutes to determine who qualifies as an heir or a descendant and how shares are calculated and distributed.