Once a judge signs a determination of heirship, what’s next?

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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 8 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.


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