HEIR
An individual who receives an interest in, or ownership of, land, tenements, or hereditaments from an ancestor who has died intestate, through the laws of DESCENT AND DISTRIBUTION.
At COMMON LAW, an heir was the individual appointed
by law to succeed to the estate of an ancestor who
died without a will. It is commonly used today in
reference to any individual who succeeds to prop-
erty, either by will or law.
An heir of the body is an heir who was either
conceived or born of the individual who has
died, or a child of such heir. This type of heir is
anyone who descends lineally from the dece-
dent, excluding a surviving spouse, adopted
children, and collateral relatives. Ordinarily,
property can be given by will to anyone named
or can be shared by all heirs, but historically,
the owner of an entail could only pass his or
her property on to heirs of the body. This type
of inheritance is largely abolished by statute
