Irregular Heirs: What You Need to Know About Their Legal Status
Definition & Meaning
Irregular heirs are individuals who inherit property from a deceased person when there are no valid testamentary (will-based) or legal heirs available. This situation typically arises under statutory law, which outlines who is entitled to inherit in the absence of direct heirs. Irregular heirs may include distant relatives or other individuals specified by law to ensure that the deceased's estate is distributed fairly.
Legal Use & context
The term "irregular heirs" is primarily used in the context of estate law. It becomes relevant during the probate process, which is the legal procedure for administering a deceased person's estate. If a person dies without a will (intestate), state laws determine the order of inheritance. Irregular heirs may need to complete specific legal forms to claim their inheritance, and resources like US Legal Forms can provide templates to assist in this process.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A man passes away without a will and has no children or spouse. His estate may go to his siblings, but if they are also deceased, the law may identify his cousins as irregular heirs who can inherit the property.
Example 2: A woman dies without any living relatives or a will. Under state law, her estate may pass to a close friend who qualifies as an irregular heir according to the legal statutes. (hypothetical example)