Texas Estates Code Title 2, Chapter 202 - Determination Of Heirship

SUBCHAPTER A AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP

• Texas Section 202.001 - General Authorization For And Nature Of Proceeding To Declare Heirship
  In the manner provided by this chapter, a court may determine through a proceeding to declare heirship: (1) the persons who are a decedent's heirs...
• Texas Section 202.002 - Circumstances Under Which Proceeding To Declare Heirship Is Authorized
  A court may conduct a proceeding to declare heirship when: (1) a person dies intestate owning or entitled to property in this state and there...
• Texas Section 202.0025 - Action Brought After Decedent's Death
  Notwithstanding Section 16.051, Civil Practice and Remedies Code, a proceeding to declare heirship of a decedent may be brought at any time after the decedent's...
• Texas Section 202.004 - Persons Who May Commence Proceeding To Declare Heirship
  A proceeding to declare heirship of a decedent may be commenced and maintained under a circumstance specified by Section 202.002 by: (1) the personal representative...
• Texas Section 202.005 - Application For Proceeding To Declare Heirship
  A person authorized by Section 202.004 to commence a proceeding to declare heirship must file an application in a court specified by Section 33.004 to...
• Texas Section 202.006 - Request For Determination Of Necessity For Administration
  A person who files an application under Section 202.005 not later than the fourth anniversary of the date of the death of the decedent who...
• Texas Section 202.007 - Affidavit Supporting Application Required
  (a) An application filed under Section 202.005 must be supported by the affidavit of each applicant. (b) An affidavit of an applicant under Subsection (a)...
• Texas Section 202.008 - Required Parties To Proceeding To Declare Heirship
  Each of the following persons must be made a party to a proceeding to declare heirship: (1) each unknown heir of the decedent who is...

SUBCHAPTER B NOTICE OF PROCEEDING TO DECLARE HEIRSHIP

• Texas Section 202.009 - Attorney Ad Litem
  (a) The court shall appoint an attorney ad litem in a proceeding to declare heirship to represent the interests of heirs whose names or locations...
• Texas Section 202.051 - Service Of Citation By Mail When Recipient's Name And Address Are Known Or Ascertainable
  Except as provided by Section 202.054, citation in a proceeding to declare heirship must be served by registered or certified mail on: (1) each distributee...
• Texas Section 202.052 - Service Of Citation By Publication When Recipient's Name Or Address Is Not Ascertainable
  If the address of a person or entity on whom citation is required to be served cannot be ascertained, citation must be served on the...
• Texas Section 202.053 - Required Posting Of Citation
  Except in a proceeding in which citation is served by publication as provided by Section 202.052, citation in a proceeding to declare heirship must be...
• Texas Section 202.054 - Personal Service Of Citation May Be Required
  The court may require that service of citation in a proceeding to declare heirship be made by personal service on some or all of those...
• Texas Section 202.055 - Service Of Citation On Certain Persons Not Required
  A party to a proceeding to declare heirship who executed the application filed under Section 202.005, entered an appearance in the proceeding, or waived citation...
• Texas Section 202.056 - Waiver Of Service Of Citation
  (a) Except as provided by Subsection (b)(2), a distributee may waive citation required by this subchapter to be served on the distributee. (b) A parent,...

SUBCHAPTER C TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP

• Texas Section 202.057 - Affidavit Of Service Of Citation
  (a) A person who files an application under Section 202.005 shall file with the court: (1) a copy of any citation required by this subchapter...
• Texas Section 202.101 - Required Transfer Of Pending Proceeding To Declare Heirship Under Certain Circumstances
  If, after a proceeding to declare heirship is commenced, an administration of the estate of the decedent who is the subject of the proceeding is...
• Texas Section 202.102 - Transfer Of Records
  The clerk of the court from which a proceeding to declare heirship is transferred under Section 202.101 shall, on entry of the order under that...

SUBCHAPTER D EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP

• Texas Section 202.103 - Procedures Applicable To Transferred Proceeding To Declare Heirship; Consolidation With Other Proceeding
  A proceeding to declare heirship that is transferred under Section 202.101 shall proceed as though the proceeding was originally filed in the court to which...

SUBCHAPTER E JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP

• Texas Section 202.151 - Evidence In Proceeding To Declare Heirship
  (a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn...
• Texas Section 202.201 - Required Statements In Judgment
  (a) The judgment in a proceeding to declare heirship must state: (1) the names of the heirs of the decedent who is the subject of...
• Texas Section 202.202 - Finality And Appeal Of Judgment
  (a) The judgment in a proceeding to declare heirship is a final judgment. (b) At the request of an interested person, the judgment in a...
• Texas Section 202.203 - Correction Of Judgment At Request Of Heir Not Properly Served
  If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by registered or certified...
• Texas Section 202.204 - Limitation Of Liability Of Certain Persons Acting In Accordance With Judgment
  (a) The judgment in a proceeding to declare heirship is conclusive in a suit between an heir omitted from the judgment and a bona fide...
• Texas Section 202.205 - Effect Of Certain Judgments On Liability To Creditors
  (a) A judgment in a proceeding to declare heirship stating that there is no necessity for administration of the estate of the decedent who is...
• Texas Section 202.206 - Filing And Recording Of Judgment
  (a) A certified copy of the judgment in a proceeding to declare heirship may be: (1) filed for record in the office of the county...

Last modified: September 28, 2016