A determination of heirship is the court proceeding Texas uses to answer one question definitively: who are the legal heirs of a person who died without a will, and what share does each receive? El Paso families need it when a title company will not accept an affidavit of heirship, when the estate is too large for a small estate affidavit, when a bank demands a court order, or when a relative is missing, estranged or from a prior marriage nobody talks about. The judgment binds everyone, and it is often combined with independent administration so the family also gets letters to collect and distribute the estate.
Texas Estates Code Chapter 202 controls the procedure. Section 202.005 lists what the application must contain, including every marriage of the decedent, every child, and the name and address of each person claiming to be an heir. Under § 202.009 the court appoints an attorney ad litem for heirs whose identities or whereabouts are unknown, and § 202.051 requires citation, including service on known heirs and publication for unknown ones. At the hearing, § 202.151 requires the testimony of two disinterested witnesses. The court then signs a judgment under § 202.201 declaring the heirs and their shares under the intestacy rules of Chapter 201. Under § 202.0025 there is no deadline to bring the proceeding.
Navar Law handles the entire proceeding for a flat fee, quoted with the El Paso County filing fee and the ad litem's fee so there are no surprises. We build the family tree, draft the application, arrange service and publication, work with the ad litem, and prepare the applicant and both witnesses for the one brief hearing in Probate Court No. 1 or No. 2. The hearing is short: the attorney asks questions about the family, the witnesses confirm them, and the judgment is signed, often by Zoom. Attempting this without a lawyer rarely works because El Paso courts require precise pleadings and testimony, and a defective judgment can be attacked years later by an omitted heir.
Who inherits without a will in Texas
Texas Estates Code Chapter 201 decides. If the decedent was married and all children were also the surviving spouse's children, the spouse keeps all community property and the children take the decedent's separate property, subject to the spouse's life estate in one-third of separate real estate and a one-third share of separate personal property. If any child is from another relationship, the decedent's half of the community property goes to the children, not the spouse. Unmarried decedents leave everything to children, then parents, then siblings.
These rules surprise many El Paso families, especially blended families and couples who lived together for years without marrying. A determination of heirship applies them exactly, which is why an early conversation with an attorney matters: sometimes the outcome the family expects is not what Texas law provides, and knowing that before filing avoids conflict at the hearing and lets the family plan how the property will actually be divided.
Attorney ad litem, citation and the hearing in El Paso County Probate Court
After we file in Probate Court No. 1 or No. 2, the court appoints an attorney ad litem to investigate whether any unknown heirs exist. The ad litem contacts the family, reviews records and files a report; the applicant pays the court-set fee. Known heirs are served or sign waivers, and citation for unknown heirs is published. Once the report is in and the citation period has run, the court sets the hearing. The applicant and two disinterested witnesses testify briefly, the judge signs the judgment declaring heirship, and we record it with the El Paso County Clerk.
What's included
- Family-tree investigation and intestacy analysis under Texas Estates Code Chapter 201
- Drafting and filing the application to determine heirship under § 202.005, combined with an application for independent administration when appropriate
- Service on known heirs, waivers of citation, and publication for unknown heirs under § 202.051
- Coordination with the court-appointed attorney ad litem and response to the ad litem's inquiries
- Preparation of the applicant and two disinterested witnesses, and attorney attendance at the hearing (Zoom when permitted)
- Judgment declaring heirship, certified copies, and recording with the El Paso County Clerk
How it works
Family history and quote
We map every marriage, child, adoption and death in the decedent's family and apply Chapter 201 to identify the heirs and shares. You receive a flat-fee quote that includes the El Paso County filing fee and ad litem cost.
Filing, citation and ad litem
We file in El Paso County Probate Court, serve or obtain waivers from known heirs, publish citation for unknown heirs, and work with the attorney ad litem the court appoints until the ad litem's report is filed.
Brief hearing and judgment
At one short hearing, often by Zoom, the applicant and two disinterested witnesses answer questions about the family. The judge signs the judgment declaring heirship, and we record it with the County Clerk.