Heirship determinations

Probate

Texas intestacy rules rarely match what the family expects.

Without a will, Texas statutes decide who inherits, and the answer depends on whether property is community or separate, whether the deceased was married, and whether the children are also the children of the surviving spouse. In blended families the outcome routinely surprises everyone: a surviving spouse can end up owning a fraction of a house alongside stepchildren, with nobody able to sell it.

What the proceeding involves

• An application filed in the county of residence or where real property is located, identifying the family history in detail.
• An attorney ad litem appointed by the court to represent unknown heirs — a requirement, not an optional step, and the reason the family history must be accurate.
• Two disinterested witnesses who knew the family and can testify to the marriages, children and deaths, and who have no financial interest in the estate.
• Citation and service on known heirs, with publication or posting where someone cannot be located.
• A judgment declaring the heirs and their fractional shares, which title companies and financial institutions will accept.

Combined with administration, or on its own

An heirship determination is frequently paired with an application for independent administration where the heirs agree, giving the estate both a decision about who inherits and someone with authority to act. Where the only asset is real property and there are no debts, the heirship judgment alone may be enough to clear title.

The complications we deal with

• Children from more than one relationship, and the community versus separate property analysis that follows.
• Common law marriage, which Texas recognises and which has to be proved with its own elements.
• Paternity that was never formally established.
• Heirs who cannot be located, are deceased, or are minors.
• Property that has passed down two or three generations without probate, requiring the heirs of several deceased people to be established at once.

Common questions