


Heirship Determination in Texas
Guiding Families Through Life’s Transitions with Compassion and Clarity.
Losing a loved one is never easy—especially when important legal matters remain unresolved. When someone passes away without a valid will, Texas law requires a formal process to determine who their rightful heirs are. This process is known as a Determination of Heirship.
At our firm, we’re here to guide you through every step of this process with the care, respect, and professionalism your family deserves.
What is a Determination of Heirship?
A Determination of Heirship is a legal proceeding that allows the court to identify the individuals who are legally entitled to inherit from someone who passed away intestate (without a will). This ensures that the deceased’s property is distributed according to Texas law, and that all heirs—known and unknown—are properly accounted for.
When is an Heirship Proceeding Necessary?
- Your loved one died without a will and owned property in Texas
- Some property was omitted from a previous probate or estate administration
- A trustee or financial institution requires legal proof of heirs before releasing assets
In any of these situations, a court proceeding may be required to ensure proper and lawful distribution of the estate.
Who is Considered an Heir in Texas?
In the absence of a will, heirs are determined by Texas intestacy laws, which may include:
- A surviving spouse
- Children, including adopted children
- Parents, siblings, and extended relatives if closer family is not living
The court carefully reviews family relationships and circumstances to determine each heir’s legal entitlement.
What to Expect from the Process
While every family’s situation is unique, most heirship proceedings involve:
- Filing a formal application with the probate court
- Presenting evidence about the decedent’s family and assets
- Appointment of an attorney ad litem to represent any unknown or missing heirs
- A hearing before a judge to confirm the rightful heirs
Our role is to walk you through this process with clear communication and attentive support, every step of the way.
Compassionate Legal Guidance You Can Trust
At a time when legal complexities can feel overwhelming, we’re here to provide clarity, confidence, and peace of mind. Whether you're a surviving spouse, a family member, or a concerned loved one, we’ll help you honor your loved one’s legacy by ensuring their estate is handled with care.
Contact us today to schedule a consultation—we’re ready to help you navigate this process with compassion and professionalism.