If a loved one dies without a Will (also known as dying “intestate”), the State of Texas will determine who inherits his or her property. Based on information gathered and presented to the Court, the Court will determine the heirs of the estate. This complex process falls under what is known as Probate Law. Local Austin attorney Lesley Hempfling can help you in this part of the Probate process.
Determination of Heirship Proceedings is one of the first steps of this long, complex legal matter. In order to make decisions regarding property, the Court must locate all of the heirs of the decedent. Austin probate attorney Ms. Hempfling will initiate the process by filing an Application to Determine Heirship in Texas. State law requires that all of the heirs of the decedent receive notice of the proceedings, and Ms. Hempfling will make sure those notices are posted correctly. In addition, the Court will appoint an Attorney Ad Litem to represent unknown heirs.
At the hearing on the Application to Determine Heirship, the Court will consider testimony from all sides. Ms. Hempfling will represent you in this court hearing and ensure you have taken all the proper legal steps including bringing two witnesses that can testify to your relationship with the decedent and providing all the evidence of this relationship. After hearing from all sides, the Judge will enter a Judgment Declaring Heirship. This Judgment will state all of the heirs and the percentage of property or assets they should receive.
Like many legal procedures, the Determination of Heirship Proceedings involves many nuances and intricacies. Getting legal representation from an experienced probate lawyer such as Ms. Hempfling is highly advisable.