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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41019
Experience:  30 years as a family law lawyer .
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I have a follow up question from January and would like to

Customer Question

I have a follow up question from January and would like to see if I could talk to a family law or probate attorney. I spoke to Duane B and another attorney from Boston but I can't remember her name. In any case, i would like to talk to someone.
Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome back to JA. Ray here to help you.I am a Texas lawyer let me know what you want to know here about heirship determination in Texas.
Expert:  RayAnswers replied 1 year ago.
Any of the heirs of the decedent who have a share in the property can initiate the filing with a probate court. All the heirs of the deceased must receive notice of the proceedings. The manner of serving notices is outlined in the Texas Probate Code and can be done with the help of a probate attorney.All heirs must sign the application or must be personally served with the application. If there are potentially unknown heirs of the deceased, the court requires that notices be posted in newspapers as well as at the courthouse.The application must include the name of the deceased and the date of death, names and addresses of all the heirs, their relationship to the distributees, and details of all the real and personal property of the deceased.All applicants must be able to prove the truth of the details in the application; written as well as oral testimony may be necessary.Besides the heirs themselves, a secured creditor or a qualified representative of the deceased can also initiate these proceedings as parties interested in the estate.
Expert:  RayAnswers replied 1 year ago.
This is most common when the deceased does not have a will.The court will first determine who the heirs are and their shares of the estate.The court appoints a personal representative and that person is sworn in and gathers assets, pays claims and final tax returns.All of this is under the supervision of the probate judge and the PR here has filed a bond to protect the heirs. Expect this to take about a year start to finish sometimes longer if real estate sale is is involved. Here is pie chart of the laws of intestacy( no will) I appreciate the chance to help you tonight.Please if you have more follow up just ask.Thanks again.