Legal glossary

Heir

Heir: A person who inherits property under the state's intestacy law when someone dies without a valid will. Heirs are usually the closest relatives, such as a spouse, children or parents, in the order the statute sets. Because heirs are fixed only at death, a living person has no heirs in the legal sense, only heirs apparent.

Heir — law book, scales and pen on a desk

What heir means

In practice, you will see heir in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where heir comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Inheritance.

How to research the term

To research heir, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

  • Habeas corpus: latin for "you have the body." A court order, or writ, requiring that a person held in custody be brought before the court so it can decide whether the detention is lawful.
  • Harmless error: a mistake in the trial court that did not affect a party's substantial rights, so it is not a reason to reverse. Federal Rule of Civil Procedure 61 directs courts to disregard all errors and defects that do not affect any party's substantial rights.
  • Hearing: a proceeding before a judge or other judicial officer to consider a motion, a request or another matter.
  • Hearsay: under Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted. Many exceptions and exclusions exist.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.

Sources

Sources last reviewed: 2026-10-24

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.