When a loved one passes away without a will, determining the rightful heirs and administering their estate can be a complex legal task. In Texas, this often involves a combined process of Heirship Determination and obtaining Letters of Administration. The Law Office of Bryan Fagan is experienced in guiding clients through these intertwined legal proceedings, ensuring a clear and lawful resolution.
This process serves two primary functions: legally establishing who the heirs of an estate are (Heirship Determination) and appointing an administrator (Letters of Administration) to manage and distribute the estate’s assets.
1. Filing a Petition for Determination of Heirship and Letters of Administration
An interested party, usually a close family member, files a petition in probate court to initiate both processes.
2. Appointment of an Attorney Ad Litem and Administrator
The court appoints an Attorney Ad Litem to represent unknown heirs. Simultaneously, the court considers appointing an administrator for the estate, often the petitioner
3. Heirship Determination Hearing
Evidence is presented to the court, including testimony about the deceased’s family history, to determine the heirs.
4. Issuance of Letters of Administration
Once heirs are determined, the court issues Letters of Administration, authorizing the appointed administrator to manage the estate.
5. Estate Management and Distribution
The administrator is responsible for gathering assets, settling debts, and distributing the estate according to Texas intestacy laws.
4. Issuance of Letters of Administration
Once heirs are determined, the court issues Letters of Administration, authorizing the appointed administrator to manage the estate.
5. Estate Management and Distribution
The administrator is responsible for gathering assets, settling debts, and distributing the estate according to Texas intestacy laws.
George Lopez, a widower from San Antonio, passed away unexpectedly, leaving behind two adult children and a sibling. He did not have a will, and his estate included a house, a car, and a bank account. His daughter, Sofia Lopez, approached our firm for legal guidance.
We assisted Sofia in filing the petition for both Heirship Determination and Letters of Administration. An Attorney Ad Litem was appointed to ensure all potential heirs were accounted for. During the court hearing, we provided detailed evidence of George’s family tree and successfully established Sofia and her brother as the rightful heirs.
Sofia was appointed as the estate’s administrator. With our guidance, she managed the estate, paid off George’s debts, and distributed the remaining assets between herself and her brother, adhering to Texas intestacy laws.
The process begins with an interested party filing a petition in the probate court. The petition must include detailed information about the deceased, their family history, and potential heirs.
The process begins with an interested party filing a petition in the probate court. The petition must include detailed information about the deceased, their family history, and potential heirs.
The process begins with an interested party filing a petition in the probate court. The petition must include detailed information about the deceased, their family history, and potential heirs.
We recognize the unique nature of each family situation and offer tailored legal solutions.
The process begins with an interested party filing a petition in the probate court. The petition must include detailed information about the deceased, their family history, and potential heirs.
Our approach is to handle each case with the sensitivity and thoroughness it deserves.
If you are dealing with an estate without a will and need assistance in determining heirship, the Law Office of Bryan Fagan is here to help. Contact us for a consultation to discuss how we can assist you in affirming the rightful heirs and ensuring a proper estate distribution.
Phone: 1-866-878-1005
Email: marketing@bryanfagan.com
Main Office
3707 Cypress Creek Parkway
Suite 400
Houston, TX 77068
Phone: 1-866-878-1005
Houston Office
281-810-9760
3707 Cypress Creek Parkway,
Suite 400
Houston, TX 77068
Kingwood Office
281-310-5454
900 Rockmead Dr. Suite 225
Kingwood, TX 77339
Southwest Office
281-886-8109
7324 Southwest Fwy,
Suite 570
Houston, TX 77074
Dallas Office
469-484-7439
12700 Hillcrest Rd.,
Suite 201
Dallas, TX 75230
Humble Office
281-868-6355
7702 FM 1960 Rd E,
Suite 212
Humble, TX 77346
Woodlands Office
281-819-1726
25211 Grogans Mills Rd,
Suite 275
The Woodlands, TX 77380
San Antonio Office
210-404-4911
1002 N. Flores St.
San Antonio, TX 78212
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