Heirship Declaration Attorney in Dallas
Skilled Guidance if a Loved One Passes without a Will
A declaration of heirship can be needed when a person passes away without a will, or with a will that does not mention what to do with his or her property. This is called intestate.
Even if you are a direct heir of a deceased person (“decedent”), if there is no will with your name in it, then the courts must go through a specific set of procedures to ensure those closest to the decedent are truly who they say they are and have an actual right to the money. Going through this process can be a challenging experience, but our highly skilled Dallas heirship declaration lawyer can help you to navigate it efficiently.
Handling Probate When There is No Will
The Texas Estates Code specifically lays out the order in which those related to the deceased are prioritized when they have no established will.
The order of relations of the decedent who are typically eligible for heirship declaration is:
- Spouse (1/3 of non-community property assets)
- Children
- Grandchildren
- Parents
- Siblings
- Nieces and nephews
- Paternal and maternal kindred
Any community property shared by the surviving spouse stays with him or her unless the decedent has a child who is alive that is not a descendant of the surviving spouse. If the decedent leaves behind a surviving spouse and children who are not related to the living spouse, the community property is halved between them, even though the community property was shared between the decedent and the spouse. This is one reason why writing a will is of utmost importance.
How is Heirship Established?
Once you or your Dallas probate attorney file your declaration of heirship, the courts will hold a proceeding to establish heirship. In this hearing, there must be at least two witnesses who have no financial interest in the estate to testify the heir’s validity. Once the courts have established the heirs, the court-approved administrator of the estate can begin to distribute the assets.
The process of declaring heirship can be complex and emotional. Call Kamuche Law Firm, PLLC at (214) 273-6959 for support from a compassionate attorney.
