Filing A Claim for Heirship to Your Descendant's Estate
If a descendant passed away and there was no will in place, distribution of their assets must go through probate conducted by Texas intestacy laws. Intestacy laws are complex, and distributing assets to the correct heirs is not a simple, straightforward process. Heirship is not a simple concept in the state of Texas. The law provides a complex decision regarding determining the heirs of a descendant and distribution of the estate. The Law Office of Steve Ortega, PLLC, can assist with filing a claim for heirship.
Filing for Heirship In El Paso
In the state of Texas, if a loved one passed away and didn't leave a Will, family members must apply to a probate court to be considered an heir. The following conditions must be met if they are applying for heirship:
• Your loved one passed without leaving a valid will.
• Your loved one owned real or personal property in the state of Texas.
• An administrator has not been assigned to the estate.
Typically, heirs include spouses, children, and parents. The Texas intestacy law works diligently to find heirs of the deceased person's family, so other close family members could also have rightful claims of heirship. Anyone who believes they are an heir can file an application to determine heirship; the process can be very complex and time-consuming. All heirs must be notified in person, and they will be served with an application to obtain their signature. A probate court will have the final ruling on the heirship of the descendant's estate.
Process for Filing for Heirship In El Paso
1. Application: An application is filed to the county clerk where the descendant resided.
2. Appointed Attorney Ad Litem: The law requires an attorney to be appointed to investigate who the family members were at the time of their death. The attorney will investigate the deceased's marital and dating history, identify any children and find any unknown heirs.
3. Court Filing: Once the investigation is complete, the attorney will file their report with the court, and a hearing will be scheduled.
4. Appointed Administrator: Once the heirs have been determined, the judge will appoint an administrator to the deceased person's estate. When the administrator is appointed, they become an independent administrator of the estate. They will handle the estate's affairs without having to go back and see the judge for permission to proceed.
5. Handle the Estate: The independent administrator will begin gathering their assets, paying the debts, and distributing what remains to the heirs. They must follow statutory deadlines for notifying people and debtors and filing paperwork with the court. If they fail to follow the process, their independent administration could be revoked.
Filing an Application to Determine Heirship in El Paso
To file an application to determine heirship, you will need to prepare specific information. Some of the information listed below includes but is not limited to:
Name of the decedent, along with place and time of death.
The Names and addresses of the heirs and an explanation of the relationship they had with the decedent.
Descriptions of the real or personal property that was left.
Statements validating children and spouses of the decedent.
There is much more that will need to be collected and submitted with the application. The process can be complex, and mistakes cannot be made during the process. Hiring a knowledgeable attorney can help you through the process and assure everything is submitted.
Give Us a Call
The last thing you should be worrying about when a loved one passes away is legal proceedings. At the Law Office of Steve Ortega, PLLC, we can help take the burden from you and ensure proper probate proceedings are started to distribute your loved one's estate as best and efficiently as possible. Give us a call if you have any questions regarding the passing of a loved one who passed away without a Will, and an heirship proceeding process needs to be started.
