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:
- 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.
- A secured creditor
- The owner of “the whole or part” of the decedent’s real and personal property, such as an heir
- 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.