§ 49. WHO MAY INSTITUTE PROCEEDINGS TO DECLARE HEIRSHIP. (a) Such proceedings may be instituted and maintained in any of the instances enumerated above by the qualified personal representative of the estate of such decedent, by any person or persons claiming to be a secured creditor or the owner of the whole or a part of the estate of such decedent, or by the guardian of the estate of a ward, if the proceedings are instituted and maintained in the probate court in which the proceedings for the guardianship of the estate were pending at the time of the death of the ward. In such a case an application shall be filed in a proper court stating the following information: (1) the name of the decedent and the time and place of death; (2) the names and residences of the decedent's heirs, the relationship of each heir to the decedent, and the true interest of the applicant and each of the heirs in the estate of the decedent; (3) all the material facts and circumstances within the knowledge and information of the applicant that might reasonably tend to show the time or place of death or the names or residences of all heirs, if the time or place of death or the names or residences of all the heirs are not definitely known to the applicant; (4) a statement that all children born to or adopted by the decedent have been listed; (5) a statement that each marriage of the decedent has been listed with the date of the marriage, the name of the spouse, and if the marriage was terminated, the date and place of termination, and other facts to show whether a spouse has had an interest in the property of the decedent; (6) whether the decedent died testate and if so, what disposition has been made of the will; (7) a general description of all the real and personal property belonging to the estate of the decedent; and (8) an explanation for the omission of any of the foregoing information that is omitted from the application. (b) Such application shall be supported by the affidavit of each applicant to the effect that, insofar as is known to such applicant, all the allegations of such application are true in substance and in fact and that no such material fact or circumstance has, within the affiant's knowledge, been omitted from such application. The unknown heirs of such decedent, all persons who are named in the application as heirs of such decedent, and all persons who are, at the date of the filing of the application, shown by the deed records of the county in which any of the real property described in such application is situated to own any share or interest in any such real property, shall be made parties in such proceeding. 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. 1522, ch. 616, § 2, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1744, ch. 713, § 7, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 629, ch. 139, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 693, § 1, eff. Sept. 1, 1985.

Section: Previous 42 43 44 45 46 47 48 49 50 51 52 52A 53 54 55 Next

Last modified: August 10, 2007