“Probate of Will” is a simple legal procedure that is carried out when someone dies along with a Will. When a Will is declared to probate, the nominated executor is given the power to distribute the estate’s assets to the Will’s designated beneficiaries. It’s important to note that the Will determines who gets the estate property and may include anybody the person desires.
However, a person is referred to as “intestate” legally, if they pass away without a valid Will or include one that does not designate a beneficiary for the estate properly. Texas heirship law, Chapter 202 of the Texas Estates Code, specifies which family members can inherit a person’s property after an intestate death and how much of it. These family members typically include the person’s better half, children, parents, and siblings. These members of the family are cited as heirs.
The heirship lawyer at Troy M. Moore, PLLC in Texas can help to lessen this strain because estate and probate issues can be stressful for you and your family. They will handle all of the legal responsibilities related to the probate of your loved one’s Will and Trusts and handle the probate asset transfer, so you understand the necessary authority in court to accomplish your legal objectives. As a result, you get the tranquility of mind you deserve and demand.
Who can file heirship proceedings?
An heirship proceeding may be started by any heir who asserts ownership of all or a portion of the deceased person’s estate. Additional parties who may file include:
- the person acting as a representative.
- guardian
- creditor
- candidate for independent administrator appointment.
- the administrator of a trust holding assets for a deceased beneficiary.
Process of Heirship
- Any party interested in learning more about the decedent’s estate may file a proceeding to see an heirship petition with the court in the county where the significant estate or property is located.
- Any heirs with a stake in the property can start the court case-filing process.
- Notice of the proceedings should be sent to all of the deceased’s heirs. This is crucial because a decision can be modified up to four years after it was issued for any heir who did not get a notice.
- All heirs must either sign the application or should be provided with the application.
- Often, there are some unknown heirs, and the court might order that announcements should be published in newspapers as well as in the courtroom.
- Make sure the application contains all relevant information, including the deceased’s name, date of death, the names and addresses of all heirs, their relationship to the deceased and distributees, as well as information about both personal and real property.
- Every person should prove the accuracy and truthfulness of the details provided in the application. Oral or written testimony could be used to demonstrate this.
- In probate cases, a judgment may also be appealed within the same deadlines as other judgments.
The heirship proceeding is clear and transparent. However, if you ever miss out on the notice or aren’t informed about the same. You can always file an heirship proceeding within four years with the help of an heirship attorney.
