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PROTECTING YOU, YOUR FAMILY, YOUR FUTURE | SCHEDULE AN APPOINTMENT | CALL US TODAY! (832) 408-0505

GP Schoemakers, PLLC

Protecting You, Your Family, Your Future

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  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

Texas Heirship Determination Process

DETERMINATION OF HEIRSHIP PROCESS

HIRE A KNOWLEDGEABLE PROBATE AND ESTATE PLANNING LAWYER IN LEAGUE CITY, TX

The Determination of Heirship Process

The Determination of Heirship procedure involves a series of steps:

  1. Application submitted to the court, requesting the court issue an order listing the heirs.
  2. Notice. After filing the application with the court, an ad/notice in a local newspaper must be run notifying the public that you are looking for any unknown or missing heirs of the decedent.
  3. Appointment of an attorney ad litem. The court will appoint an “attorney ad litem” to represent any unknown or missing heirs, and to find out if everyone is correctly represented.
  4. Discovery process. The attorney ad litem and your attorney will interview witnesses (at least two), and review documents such as birth certificates, death certificates, marriage licenses, and divorce decrees to see if there is a chance that there are any unknown heirs.
  5. Hearing. You, your attorney, the attorney ad litem and at least two witnesses will appear in court.  During this hearing, your attorney and the attorney ad litem will ask the witnesses questions and discuss the family history of the deceased.  When complete, the attorney ad litem will discuss the findings in the report and the judge will make a determination of who are the heirs of the deceased, and issue a judgment. (A “judgment” in this case is a court order, in writing, reciting that the deceased person is dead, the date of death and a list of who are the heirs.)
  6. Proof. Once the judgment is issued, copies of the judgment can be used to show proof as to who is entitled to estate assets.
  7. (If Needed) Administration. If Administration of the Estate is deemed to be necessary, additional paperwork will need to be filed during the Application phase, and additional duties will have to be carried out by both your lawyer and the appointed Administrator. (See the Probate with a Will Process).

Sometimes, additional legal services are required to streamline this process or to keep costs done.  This usually is the case when we have blended families, multiple heirs, minor heirs or incapacitated heirs, to name a few.  If additional services or Estate Administration is required an additional Fee will be charged, either on flat fee or hourly basis.

Call or contact us today to help you with your Probate Needs!  We can help.  We offer affordable flat fee options, hourly fees or hybrid fee solutions where appropriate.

Get In Touch >

We offer Determination of Heirship with a Flat Attorney Fee (plus court & filing fees).

*If the decedent’s estate requires more than one (1) court appearance, formal administration, or things becomes contested, the fee will be higher.
Typical Court & Filing fees are: Filing fee (about $300); publication fees (about $200); and the attorney Ad Litem fee ($500-1500).
Start Your Probate Process Today

Determination of Heirship

√ No Valid Will Exists

√ Court Determines Legal Heirs

√ Administration Might be Required

√ Ad Litem Required

√ Attorney Assistance Required

√ Fee Depends on Facts of the Case

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