The Difference Between a Beneficiary, Heir, and Descendant

A forensic genealogy and probate research firm, Kemp & Associates finds legal heirs who can claim their relative’s assets for the estates of decedents around the world. Much of the work performed by Kemp & Associates revolves around decedents who passed away without a will.

Legally, an heir, beneficiary, and descendant are very different things. Beneficiaries receive property through a will or trust. However, a beneficiary also can transfer property, as is the case with revocable trusts. When a revocable trust is made, the beneficiary is also the grantor — the person who made the trust and transferred property to it.

Meanwhile, an heir is someone who inherits either monetary assets or property due to their relation to the deceased. For someone to be considered an heir, their relative must have passed away without a will. Each state has different rules for who can legally claim a person’s property after they pass. Depending on local laws, a person’s rightful heirs change depending on said person’s marital status, children or grandchildren, and characterization of their property.

Finally, a descendant is anyone who directly descended from a person. This includes a person’s child, grandchild, great-grandchild, and so on. Being a descendant does not automatically make a person an heir or beneficiary.