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If you’re involved in estate planning or probate in Georgia, you’ve likely heard the terms heir and beneficiary—and while they’re often used interchangeably, they don’t mean the same thing.
Understanding the legal difference is essential, especially when drafting a will, setting up a trust, or going through probate. Here’s what you need to know.
What Is an Heir?
An heir is someone who is legally entitled to inherit from a person who dies without a valid will—this is called intestate succession.
In Georgia, heirs typically include:
- Spouse
- Children
- Grandchildren
- Parents
- Siblings
- Nieces and nephews (if closer relatives are not living)
These relationships are established by law, not choice. If no will exists, the probate court follows Georgia’s intestacy rules to determine which heirs inherit—and in what proportion.
👉 Learn how inheritance works without a will in Georgia
What Is a Beneficiary?
A beneficiary is someone named in a will, trust, or account to receive specific assets after a person dies.
Beneficiaries are chosen by the individual—they can be:
- Family members
- Friends
- Charities
- Even organizations
Beneficiaries are commonly named on:
- Wills and trusts
- Life insurance policies
- Retirement accounts (IRA, 401(k))
- Transfer-on-death or payable-on-death accounts
Beneficiaries have no legal right to inherit unless they are specifically named.
Key Differences Between Heirs and Beneficiaries
| Aspect | Heir | Beneficiary |
|---|---|---|
| Defined by | Georgia law | Individual’s estate plan |
| Applies when | No valid will exists (intestacy) | Will or trust is in place |
| Can be | Family only | Anyone the person chooses |
| Rights to inheritance | Based on legal priority | Based on being named |
| Role in probate | May be entitled by default | Receives what’s specified in the will |
Can Someone Be Both?
Yes. A person can be both an heir and a beneficiary. For example, a parent might name their child as a beneficiary in a will—but if no will existed, that same child would likely inherit as a legal heir.
What Happens If an Heir Is Not Named in the Will?
In Georgia, you are not required to leave anything to your heirs in your will. But if you exclude a close heir (like a spouse or child), it’s best to explicitly state your intent.
- A disinherited heir may still challenge the will
- Georgia law allows surviving spouses and minor children to claim a Year’s Support, even if left out
- Proper planning helps avoid family disputes
👉 Read: Can a spouse be disinherited in Georgia?
Why This Matters in Georgia Estate Planning
Confusing heirs with beneficiaries can lead to:
- Mistaken assumptions in estate plans
- Probate delays and disputes
- Legal challenges to wills
If you want to ensure your estate goes exactly where you intend, your plan must clearly distinguish who your heirs are and who you want to benefit—which may or may not be the same.
Final Thoughts
Knowing the difference between an heir and a beneficiary is more than legal trivia—it’s critical for making smart estate planning decisions.
At Hurban Law, LLC, we help Georgia families create estate plans that are clear, enforceable, and aligned with their wishes. Whether you need to draft a will, establish a trust, or clarify your beneficiary designations, we’re here to help.
Contact us today to get started with your personalized estate plan.
