Texas Probate Code - Section 48. Proceedings To Declare Heirship. When And Where Instituted

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§ 48. PROCEEDINGS TO DECLARE HEIRSHIP.  WHEN AND WHERE 
INSTITUTED.  (a) When a person dies intestate owning or entitled to 
real or personal property in Texas, and there shall have been no 
administration in this State upon his estate;  or when there has 
been a will probated in this State or elsewhere, or an 
administration in this State upon the estate of such decedent, and 
any real or personal property in this State has been omitted from 
such will or from such administration, or no final disposition 
thereof has been made in such administration, the court of the 
county in which such proceedings were last pending, or in the event 
no will of such decedent has been admitted to probate in this State, 
and no administration has been granted in this State upon the estate 
of such decedent, then the court of the county in which any of the 
real property belonging to such estate is situated, or if there is 
no such real estate, then of the county in which any personal 
property belonging to such estate is found, may determine and 
declare in the manner hereinafter provided who are the heirs and 
only heirs of such decedent, and their respective shares and 
interests, under the laws of this State, in the estate of such 
decedent, and proceedings therefor shall be known as proceedings to 
declare heirship.
	(b)  If an application for determination of heirship is filed 
within four (4) years from the date of the death of the decedent, 
the applicant may request that the court determine whether a 
necessity for administration exists.  The court shall hear evidence 
upon the issue and make a determination thereof in its judgment.
	(c)  Notwithstanding any other provision of this section, a 
probate court in which the proceedings for the guardianship of the 
estate of a ward who dies intestate were pending at the time of the 
death of the ward may, if there is no administration pending in the 
estate, determine and declare who are the heirs and only heirs of 
the ward, and their respective shares and interests, under the laws 
of this State, in the estate of the ward.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1971, 62nd Leg., p. 971, ch. 173, § 4, eff. Jan. 1, 1972;  
Acts 1977, 65th Leg., p. 1521, ch. 616, § 1, eff. Aug. 29, 1977.

Last modified: August 10, 2007