Wills, trusts and estates
Part of the common law series
Wills
Legal history of wills Joint wills and mutual wills Will contract Codicil Holographic will Oral will Sections Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property disposition Lapse and anti-lapse Ademption Abatement Satisfaction of legacies Acts of independent significance Elective share Pretermitted heir
Trusts
Express Resulting Constructive Common types Bare Discretionary Accumulation and maintenance Interest in possession Charitable Purpose Incentive Other types Protective Spendthrift Life insurance Remainder Life interest Reversionary interest Testamentary Honorary Asset-protection Special needs Supplemental needs Governing doctrines Pour-over will Cy-près doctrine Hague Convention (conflict law) Application in civil law Dishonest assistance
Estate administration
Intestacy Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax
Related topics
Advance directive (Living will) Blind trust Forced heirship Totten trust
Other common law areas
Contract Tort Property Criminal law Evidence
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In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no personal connection or reason to feel bereaved over the death.

In most jurisdictions, the law of intestacy requires that the property of a person who died without leaving a will must first go to that person's immediate family, such as a spouse, descendants, ascendants, or persons descended from the same parents or grandparents. Under the common law, if no such persons exist, the property passes to the nearest living person who can demonstrate some degree of kinship with the deceased, no matter how distant the relation.

Some jurisdictions have a laughing heir statute, which cuts off the right of inheritance when the remaining relatives become too remote. In such jurisdictions, if no relative falls within the limitation set by the statute, then the property escheats to the state.

In the United States, §2-103 of the Uniform Probate Code, which has been adopted by a number of states, sets the outer limits of the right to inheritance with grandparents, aunts and uncles, and first cousins. Under the code, heirs that are farther removed from the deceased are left with no claim to the estate at all. By contrast, some US states (such as Virginia) have extended the principle to cover the family of a predeceased spouse. In those states, if the decedent had been married, and their spouse had died before the decedent, and if the decedent had no blood relatives at all, then the decedent's property would pass to any living relatives of the spouse, no matter how remote.

Jurisdictions with no "laughing heir" statute

Africa

• South Africa

North America

• Kentucky^[1]
• Virginia (also extends inheritance rights to relatives of a predeceased spouse)

Until 2013, Texas had no laughing heir statute, instead allowing estates to pass to the nearest lineal ancestors or descendants "without end".^[2] Texas passed such a law (HB 2912) in 2013, and thereafter following the Uniform Probate Code.

Jurisdictions with a "laughing heir" statute

North America

• Alabama (cuts off inheritance with descendants of the grandparents of the deceased)
• Florida (extends inheritance rights to relatives of a predeceased spouse up two grandparents' descendants after cutting off the inheritance of the decedent with the descendants of the grandparents of the deceased; however for Holocaust survivors the descendants of a decedent's great-grandparent may inherit)(Fla. Stat. §732.103)
• North Carolina (extends intestate inheritance out to five degrees of a kinship if they exist. If no kin within five degrees of kinship exist then it extends indefinitely in an attempt to prevent the estate from escheating)(NC General Statute 29-7)