Who May File an Application to Determine Heirship in Texas?

When an individual dies without a Will, a procedure called a Determination of Heirship proceeding can be filed establish the deceased individual’s rightful heirs.

An application to determine heirship may be filed by any of the following people:

  1. The “qualified personal representative of the estate” in cases where there has been no administration of an estate, or a will was probated but there was real or personal property that was omitted from the will or the administration of the estate.
  2. A secured creditor
  3. The owner of “the whole or part” of the decedent’s real and personal property, such as an heir
  4. The guardian of the estate of a ward

An application to determine heirship is filed in the court with probate jurisdiction in the county where the decedent resided at the time of his death.

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