When a person passes away without a will in Texas, assets are distributed based on statutory intestacy laws. An attorney can help you with an heirship proceeding.
A traditional estate plan is essential to ensure your wishes are carried out at death and incompetence. Without an estate plan, assets may not be distributed at death according to your wishes and no one has authority to act on your behalf should you become incompetent. We work with you to customize an estate plan that fits your specific wishes, individual assets, and unique family dynamics. The result is a personalized estate plan that is not only valid under Texas law, but that also meets your specific estate planning goals and provides the best results for you and your family.
In Texas, heirship refers to the determination of the legal heirs of a deceased person, particularly in the context of probate and estate administration. Heirship is significant when there is no will, and the distribution of the deceased person’s assets needs to be established based on the state’s intestate succession laws. When a person dies without a valid will (intestate), Texas law dictates the order of priority for distributing the deceased person’s assets among their heirs. The Texas Estates Code sets forth the rules for intestate succession, outlining the line of descent and the proportions in which property should be distributed.
A determination of heirship hearing is the legal proceeding conducted by a court to establish the legal heirs of a deceased person, particularly when the deceased died without a valid will (intestate). The purpose of this hearing is to formally identify and declare who the heirs are and their respective shares in the estate. The hearing is a part of the probate process and is typically initiated when the administration of the deceased person’s estate is contested or when there is a need for a court to officially determine the heirs.
The application for determination of heirs is a legal document filed with a probate court to initiate a proceeding aimed at officially establishing the legal heirs of a deceased person, particularly in cases where the deceased died without a valid will (intestate). Here’s a summary of the key elements involved in the application:
Filing Petition: The process typically begins with an interested party, such as a potential heir or the estate administrator, filing a petition with the probate court. This petition seeks the court’s assistance in formally determining and declaring the legal heirs of the deceased.
Identification of Interested Parties: The petition identifies the interested parties, including potential heirs and any other individuals with a legal interest in the determination of heirship.
Statement of Facts: The application includes a statement of facts relevant to the deceased person’s family relationships, lineage, and any available information on potential heirs.
Request for Court Action: The petitioner requests that the court conduct a determination of heirship proceeding to assess the evidence and formally declare who the legal heirs are and their respective shares in the estate.
Notice to Heirs: The court may require that notice be given to all potential heirs and interested parties, informing them of the application and the scheduled hearing. This notice allows individuals to participate in the determination of heirship process.
Appointment of Attorney Ad Litem (if applicable): In some cases, the court may appoint an attorney ad litem to represent the interests of any unknown or missing heirs. This attorney investigates the matter and may provide findings during the proceeding.
Submission of Evidence: During the determination of heirship proceeding, evidence is presented to the court to establish the identity of the legal heirs. This may include witness testimony, affidavits, and relevant documents such as birth certificates and marriage certificates.
Court Decision: Following the presentation of evidence, the court makes a decision regarding the determination of heirship. The court may issue a Judgment Declaring Heirship, officially declaring who the legal heirs are and specifying their respective shares in the estate.
An attorney ad litem is an attorney appointed by the court at the commencement of an heirship proceeding. The job of the attorney ad litem is to determine who the deceased person’s heirs are so they can be appropriately included in the distribution of estate assets.
If a loved one dies without a Will, determining heirship can be difficult. Sharpe Law Group’s Dallas probate attorneys understand the pain of losing a loved one. We work closely with our clients to provide guidance and answers during the most difficult of times.
Call us at (214) 742-6065 to find out if a skilled probate attorney is right for you. Our Dallas and Plano probate attorneys can assess your circumstances and recommend the best path forward.
Sharpe Law Group
6688 N. Central Expy, Suite 450
Dallas, Texas 75206