Establishing Legal Ownership When No Will Exists
When an individual passes away without a valid will, or when a will cannot be located or admitted to probate, Texas law requires a formal legal process to identify rightful heirs and determine their respective interests in the estate.
Understanding Determination of Heirship
A determination of heirship is a judicial proceeding governed by the Texas Estates Code designed to establish the legal heirs of a deceased person and their respective shares in the estate. The process involves presenting evidence regarding family relationships, marital history, and lineage to the court, which then issues an order formally declaring the heirs and their interests.
When These Proceedings Are Required
Determination of heirship proceedings are necessary when a person dies intestate without a valid will, owning real or personal property in Texas, and no administration has been opened. They may also be required when a will has been probated but certain property was omitted, when financial institutions or title companies require court documentation before releasing assets, or when a will is unclear, incomplete, or subject to challenge.
Texas Intestacy Laws
When no valid will exists, Texas intestacy statutes dictate distribution based on marital status, the existence and number of children, whether property is community or separate, and the presence of other relatives.
The distribution scheme prioritizes the surviving spouse and children, followed by parents and siblings if there is no spouse or children, and then extended family members if closer relatives do not exist. We help clients understand how these laws apply to their specific family circumstances.
Our Comprehensive Approach
We represent clients at every stage of heirship and intestacy proceedings. Our services include evaluating whether determination of heirship is required, preparing and filing the application and all required documentation, coordinating with the court appointed attorney ad litem, identifying and securing testimony from appropriate witnesses, presenting evidence at the court hearing, and ensuring the final judgment accurately reflects the heirs' legal interests.
Schedule a Consultation
If you need to establish heirship for an estate in El Paso or Southern New Mexico, contact us or schedule a consultation online. We will evaluate your circumstances, explain the applicable legal requirements, and guide you through the process with clarity and confidence.