“Helpful and Trustworthy Attorney”
I was really sad that I even had to hire an attorney to deal with parts of my family when my dad died but he really helped me get through the process and was SO knowledgeable on everything that was going on.
Determining Heirs in Texas
In the event that a person in Texas dies without leaving a will, this would give rise to intestate succession. In this instance, it would be wise to seek the legal advice of a Texas probate lawyer who can counsel you regarding the process of determining heirs in Texas. This legal advocate can explain everything you need to know regarding the application to determine heirship in Texas.
“Helpful and Trustworthy Attorney”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!
- Shirley H.
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn’t want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.
- AJ J.
“Keith and his team were fantastic.”
“Keith and his team were fantastic.”
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and flawless with Keith. The loss of our loved one was very unexpected and the estate was complicated. Considering the circumstances I can honestly say it couldn’t have gone any better. I have already recommended Keith to others and will continue to.
- Thomas M.
“Thank you, Keith, I truly appreciate you.”
“Thank you, Keith, I truly appreciate you.”
He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.
- Kathie
“He was responsive and found the right resources for us.”
“He was responsive and found the right resources for us.”
He helped my family navigate a unique probate and trust process right at the end of the year.
- Previous Client
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
Keith is one of the finest and technically proficient lawyers I have ever met.
- Jennifer
“Whenever I had a question or concern, all I had to do was call or email Keith.”
“Whenever I had a question or concern, all I had to do was call or email Keith.”
Keith is very professional and was able to settle my family dispute.
- Susan
Proceedings to Determine Heirship
Determining heirs in Texas is easy when the decedent died leaving a will. In this case, the court will merely refer on the provisions of the will to determine the heirs and beneficiaries to the estate. But when the decedent left no will, this is can be quite a challenging predicament. The process by which the decedent’s assets are transferred to heirs will not follow the normal system of how a will is probated in Texas.
According to Texas intestacy law, a probate court will rule on the question of heirship according to the law and without regard to the known wishes or preferences of the decedent.
When determining heirs in Texas for a decedent who owned real or personal property but died without leaving a will, there are three requirements to be observed to permit the filing of an application to determine heirship:
- The decedent has died without leaving a valid will.
- The decedent has real or personal property in the state of Texas.
- There has been no administration of the estate, or the will had been probated but property was omitted from the will.
With the legal representation of a Texas probate attorney, parties interested in the estate of the decedent may file a proceeding to determine heirship before the court in the county where the real property is situated.
If the decedent has no real property, the action may be filed in the county where his personal property is located.
The main objective in an application to determine heirship in Texas is to settle the question as to who is/are the rightful heir/s of the decedent and to transfer the properties to them.
Filing an Application to Determine Heirship in Texas
Any of the heirs of the decedent who have a share in the property can initiate the filing with a probate court. All the heirs of the deceased must receive notice of the proceedings. The manner of serving notices is outlined in the Texas Probate Code and can be done with the help of a probate attorney.
All heirs must sign the application or must be personally served with the application. If there are potentially unknown heirs of the deceased, the court requires that notices be posted in newspapers as well as at the courthouse.
The application must include the name of the deceased and the date of death, names and addresses of all the heirs, their relationship to the distributes, and details of all the real and personal property of the deceased.
All applicants must be able to prove the truth of the details in the application; written as well as oral testimony may be necessary.
Besides the heirs themselves, a secured creditor or a qualified representative of the deceased can also initiate these proceedings as parties interested in the estate.
Get Help With Applications to Determine Heirship
An application to determine heirship in Texas is similar to most legal proceedings, with many nuances and intricacies. Getting the legal assistance of a probate attorney experienced in these situations is highly advisable.
For more Texas probate information, please contact attorneys Keith Morris & Stacy Kelly today at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth or submit an online contact form.
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Have you lost a loved one and need to settle his or her estate? Do you need the estate administered correctly? Are you concerned that someone may be taking advantage of your relative’s death? Are you concerned about ensuring that the wishes of the deceased are honored?
If the answer to any of these questions is yes, our Texas law firm can help. We can assist you with questions related to inheritance law, will contests, guardianships, property rights, will forms, conservatorships, codicils, intestacy, and more. When you need a probate lawyer in Texas, call Your Texas Probate Attorneys.
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