Texas Heirship Law

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:

1. Heirship Ensures Legal Ownership: Proper determination of heirship allows heirs to establish legal ownership of property, including real estate, bank accounts, and other assets.
2. Heirship Can Resolve Probate Disputes: Clearly identifying heirs can resolve family disagreements and legal challenges.
3. Heirship Facilitates the Transfer of Assets: Heirship provides the necessary documentation for transferring ownership of property, ensuring a smooth transition.
4. Heirship can Eliminate Legal Barriers: Without proper heirship proceedings, heirs may encounter legal barriers when attempting to claim or sell inherited property.

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:

1. Surviving Spouse and Children: The spouse and biological or adopted children are typically first in line to inherit.
2. Parents and Siblings: If there is no spouse or children, the estate may pass to the decedent’s parents or siblings.
3. Extended Family: In the absence of close relatives, the estate may be distributed among extended family, such as nieces, nephews, or cousins.

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:

1. The Name of the Decedent: The application must identify the deceased individual whose estate is being administered.
2. The Time and Place of the Decedent’s Death: Accurate details about when and where the decedent passed away help establish jurisdiction and legal authority.
3. The Names and Addresses of All Heirs: The application must provide the names, addresses, and relationships of all potential heirs to the decedent.
4. A List of All Marriages: Details about the decedent’s marital history, including names of spouses, dates of marriages, and dissolution dates, must be included.
5. Whether the Deceased Had a Will: Even if the will is invalid or cannot be located, it is essential to address whether one existed.
6. A List of All Estate Property: The application must describe the decedent’s property, including real estate, personal property, and other assets subject to inheritance.

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.