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Heirship Determinations

Houston Heirship Determination Attorneys

When a loved one dies without leaving a will, also known as dying intestate, the law of descent and distribution will apply to determine who should receive the assets of the estate. This process can be complex and time-consuming, particularly if there are unknown or unidentified heirs involved. Our Houston heirship determination lawyers have extensive experience helping residents of Texas when a loved dies without a will.

If a loved one has died intestate and you want to know how the assets should be distributed, contact our Texas probate attorneys online or call 713-880-3939 to schedule a free initial consultation to discuss your case.

The Process of Heirship Determination

Our Houston estate administration lawyers will work closely with you to help determine who may be the rightful heirs to the assets of an estate. In general, there are three ways to go about this process, depending on the size of the estate and which assets are subject to distribution.

Affidavit of heirship: This is sometimes the best method to clear title to real property. Instead of passing title to real estate through the probate process, the heirs can file this affidavit with the county the property is located in, which will then link ownership of the property to the heirs, in effect clearing title to real estate.

Small estate affidavit: This is similar to the affidavit of heirship. However, it requires more specificity and attention to detail. It is available only to estates with assets valued at $50,000 or less, excluding the value of the homestead. It is very useful in clearing title to financial accounts.

Judicial determination of heirship: This is a formal process by which the court will make a formal declaration of the identity of any heirs. This process can be time-consuming and complicated. Our dedicated legal counsel can guide you through this process effectively to help ensure that nothing gets overlooked.

The attorneys at Hayes & Wilson, PLLC, can help you through all of the processes used to identify the rightful heirs and clear title to property. We can also help you with any tax planning or tax issues that may come up in this process. It is important to have experienced legal guidance in this area to ensure that everything is done properly and to avoid future conflicts.

Call for a Free Consultation With a Houston Probate Lawyer

We have helped people throughout Texas with complicated estate administration issues. Contact our Houston heirship determination attorneys online or call 713-880-3939 for a free consultation. We offer fixed fees for most services. We handle probate and heirship determinations in the following counties: Harris, Montgomery, Fort Bend, Galveston, Brazoria, Waller, and Liberty

William R. Hayes is a Board Certified Estate Planning and Probate Law Attorney
Texas Board of Legal Specialization

The estate planning, probate, estate administration and guardianship lawyers at Hayes & Wilson, PLLC serve clients in the cities of Houston, Katy, Spring, Bellaire, Cypress, Brenham, Conroe, Tomball, Kingwood, The Woodlands, Angleton, Richmond, Sugar Land, and Baytown, Texas, and the communities of Harris County, Brazoria County, Fort Bend County, Montgomery County, Galveston County, Liberty County, Chambers County, Austin County, Brazos County, Washington County and Waller County.