Your Determination of Heirship Roadmap

What's Inside

Preparation guide for a Texas Determination of Heirship. Built for the path identified by the WG Law Probate Guide.

1. Step 1. Confirm the decedent died without a valid will

2. Step 2. Confirm the estate is too large for a Small Estate Affidavit (over $75,000) or includes assets beyond real property

3. Step 3. Be prepared for the court to appoint an Attorney Ad Litem to represent unknown heirs — the fee is charged to the estate

4. Step 4. Document the full family history — marriages, divorces, children (biological, step, and adopted), prior deaths

5. Step 5. Identify two disinterested witnesses who knew the family and can testify under oath about the heirship

6. Step 6. Gather death certificates for any predeceased heirs whose status affects the inheritance

7. Step 7. Locate marriage certificates, divorce decrees, and adoption records relevant to the family tree

8. Step 8. Identify any potentially unknown or omitted heirs — non-marital children, half-siblings, prior marriages

9. Step 9. Plan for a court hearing where witnesses will testify under oath about the family history

10. Step 10. Understand the Decree of Heirship is the only legally enforceable determination of who inherits — required for transferring significant assets

11. Step 11. Plan to combine the heirship with a dependent or independent administration in the same proceeding when feasible

12. Step 12. Schedule a flat-fee consultation with WG Law — heirship cases benefit enormously from early counsel to identify hidden issues before filing