Affidavit of Heirship Lawyer in El Paso, TX | The Law Office of Steve Ortega, PLLC
When a loved one passes away without a will, Texas law requires specific legal steps to identify heirs and transfer property. At The Law Office of Steve Ortega, PLLC, our experienced Affidavit of Heirship lawyer in El Paso, TX, helps families navigate the heirship determination process and resolve estate matters efficiently and correctly.
Texas intestate succession laws govern the distribution of assets when a will is not in place. These laws are complex and depend heavily on surviving family relationships. Having an experienced probate attorney is essential to avoid costly mistakes, delays, or disputes. Our firm has helped many El Paso families through the affidavit of heirship and heirship determination process with clarity and compassion.
What Is an Affidavit of Heirship?
An Affidavit of Heirship is a legal document used to identify the rightful heirs of a deceased person who did not leave a will. It is often used to transfer real property or clarify ownership without full probate, when permitted under Texas law.
In more complex cases, the court may require a formal determination of heirship, which involves court proceedings to legally establish who is entitled to inherit the estate.
Texas Determination of Heirship Laws
When no will exists, Texas intestate succession laws dictate how a decedent’s estate is distributed. Only probate assets are subject to these laws. Certain assets pass outside of probate, including:
-Life insurance proceeds with named beneficiaries
-Assets held in a trust
-Jointly owned property with rights of survivorship
Determining heirs in Texas is highly fact-specific and depends on family structure, marital status, and surviving relatives.
How Texas Intestate Succession Works
Under Texas law, asset distribution may vary depending on surviving relatives. Common examples include:
Texas law also includes special rules for grandchildren, stepchildren, nieces and nephews, and other extended family relationships.
The Determination of Heirship Process in Texas
The determination of heirship process typically involves the following steps:
Step One: Estate Review
The estate is reviewed to identify probate assets, beneficiaries, jointly held property, insurance proceeds, and outstanding debts.
Step Two: Family Cooperation and Legal Strategy
Heirs must work together with an attorney to determine the most appropriate legal path. Options may include an affidavit of heirship or formal court proceedings.
Step Three: Court Appointment of an Administrator
The court appoints an independent or dependent administrator to manage the estate.
An independent administrator is appointed when all heirs agree.
A dependent administrator is appointed when disputes exist, and court supervision is required.
Why Choose The Law Office of Steve Ortega, PLLC?
Determining heirs without a will can be stressful and legally complex. Our firm provides knowledgeable guidance and personalized service to help families move forward with confidence.
Extensive experience in Texas probate and heirship matters
Clear explanations of rights and responsibilities
Compassionate support during difficult times
Spanish-speaking services available
Speak With an El Paso Affidavit of Heirship Attorney Today
If your loved one passed away without a will, you do not have to navigate the legal process alone. Let The Law Office of Steve Ortega, PLLC help you establish heirship and protect your family’s rights.
Contact us today to schedule a consultation with a trusted Affidavit of Heirship lawyer in El Paso, TX.