Heirship proceedings are required for 401.003 proceedings. Proposed orders for heirship proceedings must comply with the intestate distribution laws. Even if the applicant is claiming the estate consists of only community property, the order must address distribution of separate property as the court is not making a finding as to the character of the property. Applicant must appear with two disinterested witnesses to prove up heirship. All heirs must waive service or in compliance with Texas Estates Code §§ 51.101, 51.051, 51.053, 51.054, 202.051 and 202.054 be served citation via the Montgomery County Clerk. Return receipts will not be accepted from attorneys!!!
If one or more of the decedents heirs have died AFTER the decedent's date of death then please serve the personal representative of that heir's estate. If no personal representative has been appointed then please see:
Sec. 202.052. SERVICE OF CITATION BY PUBLICATION. 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 person or entity by publication in the county in which the proceeding to declare heirship is commenced and in the county of the last residence of the decedent who is the subject of the proceeding, if that residence was in a county other than the county in which the proceeding is commenced. To determine whether a decedent has any other heirs, citation must be served on unknown heirs by publication in the manner provided by this section.
A $400.00 fee will be charged upon filing a heirship proceeding to cover all or some portion of the ad litem fees. A separate check will be required by the County Clerk to cover this fee. Ad litems may petition the Court to remove the funds from the registry as payment for services rendered. Please click here for more information.
When an attorney ad litem is ordered paid, the Texas Supreme Court has declared the order must be a separate order and not a part of the Heirship order. Misc. Docket No. 94-9143 (Sept. 21, 1994).