What Are Some Facts About the Texas Statute Which Defines Heirship?


Quick Answer

Chapter III of the Texas probate code lays out the legal provisions that govern the process of determining heirs in the state, explains Justia. As of January 2016, the statute consists of nine sections, each detailing a particular aspect of the heirship determination process.

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Full Answer

Section 48, the first part of chapter III, details the stipulations relating to heirship declaration proceedings, such as the procedures individuals must follow when a person who owns property in Texas dies intestate, notes Justia. The succeeding segment, section 49, defines who may institute heirship determination proceedings.

The stipulations in section 50 relate to the processes of notifying prospective heirs, while section 51 establishes the process of transferring probate cases to other courts, according to Justia. Sections 52 and 53 lay out the rules of evidence, while sections 54 and 55 deal with the process of judgement, including execution. Section 56 regulates the process of filing certified copies of the judgement.

In general, dying intestate in Texas usually necessitates heirship proceedings, reports Avvo. During the process, probate courts identify heirs and distribute estates. To ease the process of determining heirs to an estate and prevent mischief, probate courts appoint attorneys ad litem. The mandate of these professionals is finding and representing undisclosed heirs. Heirship determination hearings only proceed after attorneys ad litem have presented their reports to a probate court.

Proper planning can void the necessity for heirship determination proceedings, which are typically lengthy and expensive, advises Avvo.

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