Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO DECLARE HEIRSHIP IS AUTHORIZED. A court may conduct a proceeding to declare heirship when:
(1) a person dies intestate owning or entitled to property in this state and there has been no administration in this state of the person's estate;
(2) there has been a will probated in this state or elsewhere or an administration in this state of a decedent's estate, but:
(A) property in this state was omitted from the will or administration; or
(B) no final disposition of property in this state has been made in the administration; or
(3) it is necessary for the trustee of a trust holding assets for the benefit of a decedent to determine the heirs of the decedent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.19, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle E - Intestate Succession
Chapter 202 - Determination of Heirship
Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship
Section 202.001. General Authorization for and Nature of Proceeding to Declare Heirship
Section 202.002. Circumstances Under Which Proceeding to Declare Heirship Is Authorized
Section 202.0025. Action Brought After Decedent's Death
Section 202.004. Persons Who May Commence Proceeding to Declare Heirship
Section 202.005. Application for Proceeding to Declare Heirship
Section 202.006. Request for Determination of Necessity for Administration
Section 202.007. Affidavit Supporting Application Required
Section 202.008. Required Parties to Proceeding to Declare Heirship