Determination of Heirship Proceeding

If the decedent has passed away without leaving a will, it may be necessary for the court to determine who may be a rightful beneficiary. Texas law proscribes how property will be devised in case of intestacy and will depend on the facts of each individual estate.

A proceeding to determine heirship is used where a person who owns real or personal property in Texas dies without a will, and there has been no administration of the estate. This is a good procedure to clean up land titles where there is nothing else to be done in the estate. It is not suitable where someone must have the authority to collect the assets of the deceased, pay bills and distribute property among the heirs.

The end result of this process is to make the rightful heirs the (joint) owners of the deceased’s property.