If you die without a will, the state of Texas has determined who your heirs will be.  (See, "What happens to my property if I don't have a will in Texas")  However, this is not the end of the problem.   George W. Bush dies without a will.  Laura tries to access a bank account that is in George's name.  The bank won't let her.  Why?  How does the bank know they were legally married.  She shows a marriage license.  Ah, but that still doesn't prove they were never divorced.  Also, how does the bank know if there were children born outside of the marriage?  To protect itself, the bank wants a court order which states that Laura is the only heir, and that the money is community property.    What the bank wants is a Judgement Declaring Heirship.

   To obtain a Judgement Declaring Heirship, Laura must bring a Proceeding to Determine Heirship.  In this proceeding, she must list basic information about George, including the date of his birth and death, the date of their marriage, and any previous marriages, the names, birthdates, and addresses of his children and whether he was ever divorced.   Each of George's other heirs must either be served in person, or must file a waiver stating that they have seen the application, and are waiving their right to be served.  After the proceeding is filed, most courts will require that Laura request the appointment of an attorney ad-litem.  The Ad-Litem's job is to represent any heirs that Laura did not tell the Court about.  Laura will also have to post a notice in the local paper that she has filed a proceeding to determine heirship.  Then Laura will have to bring two witnesses, who are not related to her or George, and yet know George well enough to be able to give testimony about any marriages, divorces, and children born inside or out of the marriage.  Laura will schedule a court hearing, at which she will give evidence, as will the two witnesses, and the ad litem.  Then the Judge will enter a Judgement Declaring Heirship, will recite all George's heirs and the percentages which they should each receive of his separate and community property.  In most cases, it will also list the property, and classify it as community or separate property.

If you have questions regarding this, or any other legal matter, please contact our office at 281.351.7897 to schedule an appointment with an attorney.  Visiting this blog does not create an attorney-client relationship.  Information here should not be considered legal advice.

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