Heirship Proceeding

An Heirship Proceeding is a court proceeding used to determine who an individual's heirs are. When an individual dies without a Last Will and Testament, referred to as dying intestate, the Texas Estates Code provides that the individual's heirs shall inherit. Even though identifying an individual's heirs is commonly an easy and straightforward process (spouse, children, parents, etc.), the courts will not make assumptions regarding the identity of heirs and require an Heirship Proceeding to be conducted. This process involves a court-appointed attorney who investigates the deceased individual's family history and confirms to the court the identity of the heirs.

Key points to remember about Heirship Proceedings:

  • Proceeding determines and legally establishes who a deceased individual's heirs are
  • A court-appointed attorney ad litem conducts an investigation to determine who the heirs are
  • Two disinherited witnesses testify in court regarding the identity of the deceased individual's heirs
  • Following the Heirship Proceeding, an Estate Administration must be conducted

Experienced Probate Counsel in Katy

While an Heirship Proceeding is a necessary part of administering an intestate estate, it adds time and expense to the administration of your estate and can easily be avoided with proper estate planning. The attorneys at The Springer Law Firm will help you develop an effective estate plan that will enable your loved ones to avoid the burden and hassle of an Heirship Proceeding. However, if estate planning was not completed, our Katy heirship attorneys have the experience to guide you through the Heirship Proceeding and Estate Administration process.