Creating a Heirship
When a person dies without a will, all hope is not lost! However, to determine who gets the decedent’s property you need a procedure called ‘heirship.’ There are many ways to create an heirship in Dallas County.
DO WE HAVE TO PROBATE A WILL?
Creating a will is highly recommended so one can direct how their real property and assets are to be distributed. Spouses, children, or blood relatives are typical heirs. Friends and former spouses can even be included. A will is a legal document that should be drafted by a lawyer and signed in person with witnesses.
Once the owner of the will passes away, the will should be probated. In Texas, this means simply having a court review the will and appoint the executor to manage the estate. Probate often is the easiest and quickest way to make sure the rightful heirship is guaranteed. Heirship is not a substitute for probating a will, but you have four years from death to probate the will.
COURT CREATED HEIRSHIP WITH OR WITHOUT ADMINISTRATION
If the will is not timely probated or if there is no will, an heirship will be required. This is a procedure to prove who are the heirs that others can rely on and the procedures of the Texas Estates Code must be followed. The agreement of the family as to who are the heirs is not sufficient to obtain an heirship order. An application to determine heirship must be filed and proved to the Court’s satisfaction, including the inspection and review by a court-appointed attorney ad litem.
WHY DO YOU HAVE TO DO THIS?
During your life, if you want to sell your house, your car, your boat, etc., you sign documents granting the buyer the property. So, who does this for you when you die? This is what probate in general, and heirship in particular, is about. Someone has to be proven to be the person entitled to the property; otherwise, the buyers do not know who they can rely upon to give them good title. So, probate and heirship create a logical, systematic way to transfer property so the buyer gets good title and is willing to pay full market value for the property.
WHAT IS ESTATE ADMINISTRATION AND DO WE NEED IT?
Declaring the heirs determines who gets the property, but unless the estate is simple, administration is probably necessary. If property must be sold to pay debts, administration is needed. If the heirs aren’t all available or agreeable on what to do with the estate property, administration is necessary. Learn more about administration without a will here.