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An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.

In most cases, a deceased person's heirs-at-law are determined by the intestacy laws of the state in which she lived at the time of her death. But the intestacy laws of another state might apply if she owned real estate or tangible personal property there.

Heirs-at-law An heir-at-law is the deceased's next of kin, and they are required to be notified whether there is a will or not even if they're specifically not named in an existing will.

All taxes and liabilities paid from the estate, including medical expenses, attorney fees, burial or cremation expenses, estate sale costs, appraisal expenses, and more. The executor should keep all receipts for any services or transactions needed to liquidate the assets of the deceased.

This law states that no matter what your will says, your spouse has a right to inherit one-third or one-half (depending on the state and sometimes depending on the length of the marriage) of your total estate. To exercise this right, your spouse has to petition the probate court to enforce the law.

Ask friends and family of the deceased. Advertise in a local newspaper for several consecutive weeks. Write to last known addresses. Search online. Search real and personal property index in the assessor's office in the counties where the heir resided.

In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.

If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

Maine Order to Determine Heirs

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