for Your Family
And Your Family Navigate the Texas
Probate System.
Losing a loved one is never easy, and the added stress of managing their estate can feel overwhelming—especially if they didn’t leave a will. Texas heirship laws are designed to bring clarity during these difficult times, ensuring that a loved one’s property is distributed fairly and according to the law. At McCulloch & Miller, PLLC, our Houston probate lawyers understand how important it is to protect your family’s legacy and avoid unnecessary complications. Our experienced team is here to guide you through the heirship process, offering practical solutions and compassionate support every step of the way.
Heirship is the legal determination of a deceased person’s heirs when they pass away without a valid last will and testament , a situation referred to as dying intestate. The process establishes who is legally entitled to inherit the decedent’s property. In Texas, heirship is determined through specific statutes under the Texas Estates Code. This process ensures that the decedent’s assets are distributed according to state law, which takes into account relationships to the deceased, such as spouses, children, parents, and siblings.
Heirship is critical for several reasons:
The attorneys at McCulloch & Miller, PLLC, help clients navigate the heirship process to protect their rights and ensure compliance with Texas law.
When someone dies intestate (without a will), Texas law dictates how their property is distributed. The Texas Estates Code outlines specific rules to determine who inherits, prioritizing relatives in the following order:
Intestacy can complicate the process of asset distribution, particularly for blended families or when heirs are difficult to identify or locate. Heirship proceedings ensure that inheritance follows the legal framework, providing clarity for everyone involved.
In Texas, a formal application process is required to declare heirship when no valid will exists. This process is governed by the Texas Estates Code § 202.005. The application must include specific information to help the court determine heirship. Below are the key requirements:
Once the application is filed, the court appoints an attorney ad litem to represent the interests of unknown or missing heirs. A hearing is scheduled to review the application, during which the court may require testimony or affidavits to verify the information provided. Once the court is satisfied, an official determination of heirship is issued, allowing the heirs to take legal ownership of the estate.
Navigating heirship proceedings can be overwhelming, especially during an emotional time. At McCulloch & Miller, PLLC, we provide compassionate, knowledgeable guidance to help families understand and comply with Texas heirship laws. Whether you need assistance filing an application or determining heirs, our experienced team is here to help. Call McCulloch & Miller, PLLC, today to schedule a no-obligation consultation and learn more about how we can simplify the heirship process for your family.