When There Is No Will, the Court Determines Who Inherits
Losing someone is hard enough. When that person did not leave a will, it can feel even more overwhelming. You might be wondering: who gets what? How do we transfer the house? What happens to the bank accounts? The answer, in most cases, is a Determination of Heirship.
This is a court proceeding where a judge officially determines who the legal heirs are under Texas law. When someone dies "intestate" (without a will), Texas has a set of rules — called intestacy laws — that dictate who inherits. The Determination of Heirship proceeding applies those rules to your specific family situation and produces a court order that banks, title companies, and other institutions will rely on.
Unlike an Affidavit of Heirship (which is a simpler, non-court document), a Determination of Heirship produces a binding court judgment. This makes it the gold standard for establishing who inherits. It is required when you need to sell real estate through a title company, when the estate is complex, or when there is any question about who the heirs might be.
The court will also appoint an attorney ad litem — an independent attorney whose job is to investigate and make sure all heirs have been identified.
Who Needs a Determination of Heirship?
- No will was left — Your loved one passed away without a valid will, and there are assets that need to be transferred.
- Need a court order — A title company, bank, or other institution requires a court order to transfer assets.
- Complex family situation — There are multiple marriages, children from different relationships, or questions about paternity.
- Planning to sell real estate — You need to sell inherited property and the title company requires a court-issued determination.
How the Process Works
- Application and Filing — We prepare and file the application with the Bexar County Probate Court, identifying all known heirs and providing the family history.
- Attorney Ad Litem — The court appoints an independent attorney to investigate the family situation and confirm all heirs have been identified.
- Court Hearing — The judge hears testimony, reviews the evidence, and issues a court order declaring who the legal heirs are and their respective shares.
After the hearing, you receive certified copies of the court order that can be used to transfer property, close accounts, and settle the estate.
Transparent Pricing
Our flat fee starts at $4,000 and includes the application, court hearing, and coordination with the attorney ad litem. Note that the attorney ad litem's fee is set by the court and paid separately by the estate.