What happens if an heir is in jail?

Probate
Written By Valerie Del Grosso
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A beneficiary of an estate does not lose his or her rights to the inheritance just because they are incarcerated (that is not true if they are incarcerated because they killed the deceased).

An heir in jail can present problems at the time of distribution of the funds from the estate, but usually this is resolved by holding the funds in trust until the person gets out of jail.

This beneficiary's share may be available to a victim's fund, the state prison system, or for other restitution or fines imposed by the court that convicted the beneficiary, but that is not a matter for the probate court.

Valerie Del Grosso
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