Collateral Heir

In one sentence

A relative who is not a direct descendant, such as a sibling, aunt, uncle, or cousin.

Plain English

A collateral heir is a relative who is not in the direct line of descent from the deceased person. Instead of being a child, grandchild, or parent, a collateral heir is someone like a sibling, aunt, uncle, cousin, or niece. Collateral heirs typically inherit only if there are no direct descendants or spouses alive. The word "collateral" refers to the side branches of a family tree, as opposed to the main trunk. Different states have different rules about how far out the collateral line extends before the state takes the property instead.

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Example

When Daniel dies without a will and without children or a spouse, his estate goes to his collateral heirs—his two siblings and his parents' siblings (his aunts and uncles). His cousins would only inherit if his siblings and aunts and uncles were all deceased.

Used in a sentence

“Because the deceased had no direct descendants, his collateral heirs—his brothers and sisters—inherited the estate.”

Related terms

Heir

A person legally entitled to inherit from someone who dies without a valid will, determined by state law.

Next of Kin

The closest living relative or relatives of a deceased person, determined by law.

Issue

All direct descendants of a person, including children, grandchildren, and great-grandchildren.

Administrator

A person appointed by the court to manage an estate when there is no will.

Bequest

A gift of personal property left to someone in a will.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.