Determination of Heirship
When a person passes away without leaving a will, the distribution of their assets must go through probate guided by Texas intestacy laws. Intestacy laws are very complex, and distributing assets to rightful heirs is not a straightforward process.
While many people think of heirship as a simple concept, the reality is that Texas law provides for a complicated determination.
Filing For Heirship
When a loved one passes away without a will, family members will need to apply to a probate court to be considered an heir. In order to apply for heirship, three conditions must be met:
- The deceased died without leaving a valid will
- The deceased owned real or personal property in Texas
- There has not yet been an administration of the estate
Under Texas law, a probate court will rule on heirship without any regard for the known wishes or preferences of the decedent. Heirs typically include spouses, children, and parents, but Texas intestacy law works hard to find heirs for deceased persons, so family members like grandparents, nieces, and nephews could also have rightful claims to heirship.
Although any heir can file an application to determine heirship, this type of legal filing has many intricacies and nuances. Texas law requires all heirs be notified in person of the application and be served with the application for signature.
Don’t Wait To Talk To A Lawyer
After the death of a loved one, you shouldn’t have to worry about complicated legal proceedings. An experienced estate planning lawyer will be able to take this burden from you, and ensure proper probate proceedings are initiated to distribute a loved one’s estate as smoothly and efficiently as possible.
Houston Heirship Determination Lawyers
If your loved one passed away without leaving a will, you likely have many questions. At Hensley Krueger LLP, our attorneys know how difficult losing a loved one is, so we work hands-on with our clients to answer all your questions. Contact us today to schedule a time to discuss your application for determining heirship.