Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent may be commenced and maintained under a circumstance specified by Section 202.002 by:
(1) the personal representative of the decedent's estate;
(2) a person claiming to be a creditor or the owner of all or part of the decedent's estate;
(3) if the decedent was a ward with respect to whom a guardian of the estate had been appointed, the guardian of the estate, provided that the proceeding is commenced and maintained in the probate court in which the proceedings for the guardianship of the estate were pending at the time of the decedent's death;
(4) a party seeking the appointment of an independent administrator under Section 401.003; or
(5) the trustee of a trust holding assets for the benefit of a 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. 2.20, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 14, 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