What is the difference between a beneficiary and an heir?

The difference between a beneficiary and an heir boils down to whether or not the deceased person had a will. A beneficiary is someone who is designated to receive assets from a trust, will, or insurance policy. This person is usually named in the legal documents, and does not necessarily have a familial connection to the deceased. An heir, on the other hand, refers to someone who is legally entitled to inherit in the absence of a will. Typically, an heir is a close relative of the deceased person, such as a spouse, child or grandchild. In California, if a deceased person leaves a will, the will will designate how their assets should be distributed. Those designated beneficiaries will receive the assets after the will is probated. If there is no will, then state law will determine who the heirs are, and those heirs will receive the assets. Additionally, if there is no will, the exact amounts of the assets will be left to the discretion of the court. Thus, while beneficiaries and heirs are both individuals who are entitled to receive assets from an estate, the difference is that a beneficiary is chosen by the deceased, while an heir is determined by the law. It’s important to note that both parties should be aware of their rights when it comes to filing for probate in California. This will help ensure that a deceased person’s wishes are properly fulfilled, and that all the beneficiaries and heirs receive what they are legally entitled to.

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