Beneficiary vs Heir: What Is the Difference?

The terms are often used interchangeably, but they mean slightly different things. A beneficiary is someone specifically named to receive assets under a will or a trust. An heir is a person entitled to inherit under state law when there is no will, following California's intestate succession order, typically a spouse, children, or other close relatives.

In a will-based estate, the people receiving property are beneficiaries. In an estate with no will, those who inherit are heirs. Many people are both, for example a child named in a parent's will who would also inherit by law. For the home sale, what matters is that the personal representative owes duties to whoever is entitled to the estate, and those parties receive notice of a proposed sale. Your attorney identifies exactly who qualifies in your case.