Heirship Determination 2017-11-01T15:44:19+00:00

Heirship Determination

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Heirship Determination Attorneys

Losing a loved one or family member can be incredibly stressful, especially if they don’t have a will in place when they pass away and there are multiple possible lawful heirs. This situation is only made more stressful when there is significant property or assets to be divided. In the event there is no will or other estate plan, Texas law specifies how to proceed. If you are a resident of Denton or the surrounding area of North Texas and have a question about heirship determination or need counsel or representation in a determination case, the Chenault Law Firm of North Texas is here to help.

Residents of the greater Denton Texas area who have questions about or need legal assistance with an heirship determination should give our offices a call at 972.591.0099 or fill out the form below today. We provide experienced legal counsel and representation on a variety of Will, Trust, Estate & Probate Services to Denton, Collin, Tarrant, Dallas and the rest of North Texas.

Heirship Determination in Texas

According to the state laws of Texas, when someone holding assets or property dies and does not leave a will, a probate court will rule on any questions of heirship with respect to the law. This is significant because it means the court will follow legal procedure over the known preferences or wishes of the decedent.

Three requirements must be fulfilled to file an application for the determination of heirship within the state of Texas:

  1. The decedent must have died without having left a valid will or estate plan.
  2. The decedent must have personal or real property that exists in Texas.
  3. The estate of the decedent has either not been administered, or the property in question was left out of any such probate process.

If you are an interested party who resides in Denton or the surrounding area, we, as experienced probate attorneys, can file the application to determine an heirship on your behalf in order to settle any questions as to the rightful heir for the property in question.

DO YOU HAVE QUESTIONS ABOUT A WILL OR ESTATE IN THE STATE OF TEXAS? CONCERNED ABOUT POSSIBLE ISSUES DETERMINING HERISHIP? THE CHENALUT LAW FIRM CAN HELP! TAKE A MOMENT TO GIVE US A CALL AT 972.591.0099 OR FILL OUT THE FORM ON THIS PAGE TO GET STARTED.

Filing an Application to Determine Heirship in Texas

Any one of a decedents heirs who have a stake in the property can initiate the proceedings by filing an application with a probate court in the county where the property is located. Each heir must receive notification of these proceedings in a manner consistent with Texas Estates Code, something an experienced probate attorney can help you with.

You will need to prepare some specific information in order to file the application. This includes, but is not limited to:

  • The decedent’s name as well as the place and time of death.
  • The names and addresses of the decedent’s heirs along with an explanation of their relationship to the heir.
  • General descriptions of the real or personal property in question.
  • Statements confirming all children and spouses of the decedent are included with the filing.

There is much more that you will need to collect and assemble with your application. It can be dauntingly complex, and it’s crucial to not make a mistake. Hiring an experience probate attorney is the smartest and safest way to proceed.

Get The Legal Representation You Need

If you have questions about heirship, will, trusts, or estates, let’s talk. Call the Chenault Law Firm at 972.591.0099 or take a couple of moments to fill out the below form and you can discuss your questions or concerns an experienced member of our legal team. Chenault Law Firm has the experience and legal expertise to aggressively defend your position in any situation where heirship is being determined or disputed. Our legal team is always standing by for our fellow Texans, so fill out the form below or take a minute and call us today.

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