Get Corporate Principal

What is an application for determination of heirship? An application to determine heirship is a proceeding in which a court determines who the deceased's heirs are, and which heirs get which shares of the property.

If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.

DUE TO CURRENT EVENTS, ORIGINAL WILLS AND ORIGINAL BONDS MUST BE FILED WITH THE COUNTY CLERK'S OFFICE PROBATE DEPARTMENT EITHER BY MAIL OR DROPPING IT OFF IN THE AFTER HOURS BOX OUTSIDE THE DOORS OF THE CIVIL COURTHOUSE. E-FILE IS ALSO AVAILABLE.

The claimant must file this completed affidavit in the County Clerk's record in the county of the decedent's residence. The claimant must then upload a file stamped copy of the completed affidavit to ClaimItTexas.org.

Ask each individual to complete an affidavit of heirship. They must state they knew the decedent and for how long. They must list all members of the decedent's family, including you, and attest you're related. File the affidavits with the county clerk in the county where the decedent's property is located.

The mailing address is: Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525.

If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.

Who must receive notice that an application to determine heirs has been filed? This notice must be given to each heir who is age 12 years or older and the parent, managing conservator, or guardian of each heir who is younger than 12. See Texas Estates Code 202.051, which also contains proper methods of giving notice.