Filing a Claim for Heirship in Texas After a Loved One’s Death
When a loved one passes away without a valid will, their estate must be distributed according to Texas intestacy laws through the probate process. Determining legal heirs in Texas is not simple. Heirship laws are complex, and mistakes can delay or jeopardize your rightful inheritance.
If you believe you are entitled to inherit from a deceased family member’s estate, the Law Office of Steve Ortega, PLLC, can guide you through the heirship determination process in El Paso, Texas, ensuring all legal requirements are properly met.
What Is a Determination of Heirship?
A Determination of Heirship is a legal probate proceeding used when someone dies intestate—meaning without a will. The court must formally identify the deceased person’s lawful heirs before assets can be distributed.
Texas courts follow strict intestacy statutes to determine inheritance rights, which may include:
-Spouses
-Children (including adopted children)
-Parents
-Siblings
-Other close relatives
Because Texas law seeks to identify all potential heirs, heirship proceedings can become time-consuming and legally demanding without experienced legal representation.
Filing for Heirship in El Paso, Texas
To apply for heirship in Texas, all of the following conditions must apply:
-The deceased passed away without a valid will
-The deceased owned real or personal property in Texas
-No executor or administrator has already been appointed
Anyone who believes they are an heir may file an application to determine heirship. All potential heirs must be legally notified, and the probate court has final authority to decide how the estate will be distributed.
The Heirship Process in Texas
1. Filing the Application
An Application to Determine Heirship is filed with the county clerk in the county where the deceased resided at the time of death.
2. Appointment of an Attorney Ad Litem
Texas law requires the court to appoint an Attorney Ad Litem to independently investigate the deceased’s family history. This includes:
Marriages and divorces
Children and potential heirs
Unknown or missing family members
3. Court Review and Hearing
Once the investigation is complete, the Attorney Ad Litem submits a report to the court. A hearing is scheduled for the judge to review the findings.
4. Appointment of an Estate Administrator
After heirs are officially determined, the judge appoints an independent administrator to manage the estate.
5. Administration of the Estate
The administrator is responsible for:
Collecting and valuing assets
Paying debts and taxes
Distributing remaining assets to heirs
Meeting all statutory deadlines and court requirements
Failure to comply with Texas probate laws can result in the administrator being removed.
Information Required to File an Heirship Application
Filing an heirship claim requires detailed documentation, including but not limited to:
-Full name of the decedent and date/place of death
-Names, addresses, and relationships of all heirs
-Description of real and personal property
-Statements confirming spouses and children
-Supporting affidavits and legal declarations
Because errors can delay or invalidate the process, working with an experienced El Paso probate attorney is strongly recommended.
Experienced Heirship & Probate Attorney in El Paso
The loss of a loved one is difficult—navigating probate court should not add to your stress. At the Law Office of Steve Ortega, PLLC, we help families throughout El Paso and surrounding areas file heirship claims, protect inheritance rights, and complete probate proceedings efficiently and correctly.
Contact us today if your loved one passed away without a will and you need help starting an heirship or probate proceeding in Texas. We are here to guide you every step of the way.