Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO DECLARE HEIRSHIP IS AUTHORIZED    


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  • 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 has been no administration in this state of the person's estate;

    (2) there has been a will probated in this state or elsewhere or an administration in this state of a decedent's estate, but:

    (A) property in this state was omitted from the will or administration; or

    (B) no final disposition of property in this state has been made in the administration; or

    (3) it is necessary for the trustee of a trust holding assets for the benefit of a decedent to determine the heirs of the decedent.

Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 , Sec. 2.19, eff. January 1, 2014.