Texas Estates Code 202.005 – Application for Proceeding to Declare Heirship
Terms Used In Texas Estates Code 202.005
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- Testate: To die leaving a will.
A person authorized by § 202.004 to commence a proceeding to declare heirship must file an application in a court specified by § 33.004 to commence the proceeding. The application must state:
(1) the decedent‘s name and date and place of death;
(2) the names and physical addresses where service can be had of the decedent’s heirs, the relationship of each heir to the decedent, whether each heir is an adult or minor, and the true interest of the applicant and each of the heirs in the decedent’s estate or in the trust, as applicable;
(3) if the date or place of the decedent’s death or the name or physical address where service can be had of an heir is not definitely known to the applicant, all the material facts and circumstances with respect to which the applicant has knowledge and information that might reasonably tend to show the date or place of the decedent’s death or the name or physical address where service can be had of the heir;
(4) that all children born to or adopted by the decedent have been listed;
(5) that each of the decedent’s marriages has been listed with:
(A) the date of the marriage;
(B) the name of the spouse;
(C) the date and place of termination if the marriage was terminated; and
(D) other facts to show whether a spouse has had an interest in the decedent’s property;
(6) whether the decedent died testate and, if so, what disposition has been made of the will;
(7) a general description of all property, as applicable:
(A) belonging to the decedent’s estate that is subject to distribution under a judgment in the proceeding; or
(B) held in trust for the benefit of the decedent; and
(8) an explanation for the omission from the application of any of the information required by this section.