Paralegal Advanced Competency Exam (PACE) Practice Exam

Who qualifies as an heir?

1. A person designated by a will to inherit property

2. A person who helps settle an estate

3. A person entitled to inherit property from a decedent without a will

4. A person with a financial claim against an estate

The correct answer is: A person entitled to inherit property from a decedent without a will

The correct answer identifies a person entitled to inherit property from a decedent without a will as an heir. This situation arises under the laws of intestate succession, which dictate how a decedent's estate is distributed in the absence of a valid will. Heirs are typically defined by statute and can include relatives such as children, parents, and siblings who are legally recognized to inherit the decedent's assets when no testamentary document specifies otherwise. The other options refer to roles or designations related to the estate but do not directly define an heir. A person designated by a will to inherit property is referred to as a beneficiary, not an heir, since they derive their inheritance from the wishes of the decedent expressed in a will. Similarly, someone who assists in settling an estate is often referred to as an executor or administrator, not an heir, as their role involves managing the estate rather than inheriting it. Lastly, a person with a financial claim against an estate may have legal entitlements based on debts owed by the decedent or claims for payment, but they are not heirs in the context of inheriting property unless they are also designated as such under the intestate law.