Once a judge signs a determination of heirship, what’s next?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Once a judge signs a determination of heirship, what’s next?
My great grandmother has had money going into an account since about 1930. Will the heir be able to go to the bank to get their percentage once that document has been signed?
Asked on November 14, 2012 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A Proceeding to Determine Heirship in Texas is generally used when a person who owns real or personal property, dies without leaving a will (called "intestate") and the heirs wish the court to determine who is entitled to what and what percentage they are entitled to as well. There are three conditions that must be met in order to file a Proceeding to Determine Heirship in a Texas probate court:
- A person has died without leaving behind a will.
- This person has left behind real or personal property in the state of Texas.
- There has been no administration of the estate, or the will had been probated but property was omitted from the will.
It is unlikely that the bank will take on the responsibility of doling out the funds. The courts should have provided a mechanism for that - is there a Personal Representative - and a person to distribute. The bank themselves may appoint some one. More information is needed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.