Legal Definitions - legitimi heredes

Definition: Legitimi heredes (pronounced luh-jit-uh-mee huh-ree-deez) is a Latin term used in Roman law to refer to heirs on intestacy. These are the individuals who inherit an estate when someone dies without leaving a will. The Twelve Tables, which were the earliest surviving legislation enacted by the Romans, determined who these heirs were. The legitimi heredes were the second rank of claimants to an intestate's estate, comprising the agnates of the Twelve Tables order and some others, such as the decedent's patron.

Example: If someone dies without leaving a will, their estate will be distributed according to the laws of intestacy. In Roman law, the legitimi heredes were the individuals who would inherit the estate in this situation. For example, if a man died without leaving a will, his estate would first go to his children (if he had any). If he had no children, it would go to his parents. If he had no parents, it would go to his siblings. If he had no siblings, it would go to his agnates (relatives on his father's side). If he had no agnates, it would go to his patron (if he had one).

Explanation: This example illustrates how the legitimi heredes were determined in Roman law. The Twelve Tables set out a specific order of inheritance for individuals who died without leaving a will. The legitimi heredes were the second rank of claimants to an intestate's estate, after the children of the deceased. The example shows how the estate would be distributed among the legitimi heredes in the absence of a will.