If you have ever been involved in the probate or estate administration process, you have likely heard the terms heir and beneficiary used interchangeably. While they are related, they are not the same, and the distinction can matter greatly when an estate is being settled.
In some situations, a person can be both an heir and a beneficiary. In others, someone may be one but not the other. Understanding the difference can help avoid confusion and disputes during probate.
What Is an Heir?
An heir is a person who is legally entitled to inherit property when someone passes away without a will, which is known as dying intestate. Under Connecticut law, heirs are blood relatives or legally recognized family members, and the order and priority of inheritance are governed by Connecticut General Statutes §§ 45a-437 through 45a-439, along with other applicable law.
These statutes establish who inherits and in what sequence when there is no valid will. The distribution depends on the family structure at the time of death.
Heirs typically include:
- A surviving spouse
- Children or grandchildren
- Parents
- Siblings and other blood relatives, depending on who survives the decedent
When there is no will, the state, not the individual, determines how assets are distributed, regardless of what the deceased may have intended.
What Is a Beneficiary?
A beneficiary is a person or entity that is specifically named in a will, trust, or beneficiary designation to receive assets after someone’s death.
Beneficiaries can include:
- Family members
- Friends
- Charitable organizations
- Churches or foundations
- Trusts or other entities
Beneficiary designations also apply to certain assets outside of probate, such as life insurance policies, retirement accounts, and payable-on-death bank accounts. These assets generally pass directly to the named beneficiary, even if there is no will.
Who Takes Priority?
In most cases, beneficiaries take precedence over heirs. When someone creates a valid will or trust, they are exercising their legal right to decide who receives their assets. Connecticut courts generally honor those wishes over the default rules of intestacy.
This means that even if someone would qualify as an heir under state law, they may receive nothing if they are not named as a beneficiary in the estate plan.
Why This Difference Matters
Confusion between heirs and beneficiaries often leads to disputes, delays, and frustration during probate. A clear and up-to-date estate plan helps ensure:
- Your assets go to the people or organizations you choose
- Probate is more efficient and predictable
- Family conflict is minimized
- Your wishes are followed rather than state default rules
The Bottom Line
The best way to control who inherits your assets is to have a properly drafted will, updated beneficiary designations, and in some cases, a trust. Relying on intestacy laws leaves those decisions to the state.
If you would like to create or review your estate plan, or if you have questions about heirs, beneficiaries, or probate in Connecticut, the Law Offices of Charles L. Kurmay are here to help. Contact us to schedule a consultation and make sure your plan reflects your intentions.
