When a loved one dies without a will, you still need a court order that identifies who inherits. In Harris County, a determination of heirship provides that clarity so banks, title companies, and buyers can act. The process can move efficiently if you prepare evidence, find disinterested witnesses, and file the right documents the first time.
Know What the Court Must Decide
Texas intestacy rules assign shares to spouses, children, and other relatives based on family structure. The judge will determine marital status, child relationships (including adopted and half-blood lines), and whether any children were born outside the marriage. Your job is to present facts that fit those rules. When the family tree is complicated, diagrams help everyone see the same picture.
Line Up Disinterested Witnesses
The court requires testimony from two witnesses who are not heirs and who knew the decedent’s family history. Choose neighbors, long-time friends, or clergy who can speak to marriages, children, and estrangements. Coach them on dates and names, but do not script answers. Honest, specific testimony builds credibility and speeds the hearing.
Gather Records Before You File
Collect marriage certificates, divorce decrees, birth certificates, and prior probate orders from other states if the decedent moved to Texas later in life. Bank statements and tax returns can prove long-term relationships when paperwork is thin. If the decedent informally raised a child but never adopted, note that reality and be prepared to explain why inheritance law still follows blood or adopted ties.
File the Application and Serve the Attorney Ad Litem
Your application should list all known heirs, presumed heirs, and unknown heirs. The court will appoint an attorney ad litem to investigate and protect any missing or minor heirs. Cooperate promptly: answer calls, share documents, and provide contact information for extended family. Quick responses allow the ad litem to finish the report and clear the way to a hearing.
Handle Debts and Property in Parallel
A determination of heirship does not automatically appoint an administrator, but many estates also need a dependent or independent administration to pay bills and transfer assets. Decide early whether you need both processes. If the estate owns only a homestead and a small bank account, you may pair the heirship with a simple transfer. If creditors are loud, an administration gives you tools to manage claims lawfully.
Present a Clean Order for the Judge
Draft a proposed order that names every heir, their relationship, and their fractional share in plain language. Attach a family tree as an exhibit. Judges appreciate orders they can sign without edits because it keeps dockets moving and gives title companies confidence. Once signed, obtain certified copies for each property county and for any financial institutions that require proof.
Record and Communicate Quickly
File certified copies of the order in the real-property records where the decedent owned land. Send copies to banks and investment firms with instructions for titling accounts into the heirs’ names or into an estate account for administration. Share the order with the entire family so no one feels left out or confused about their share.
Bring certainty to a difficult moment by securing heirship the right way. For filings that move and orders that transfer cleanly, contact McCulloch & Miller, PLLC at (713) 903-7879 and get a Harris County roadmap tailored to your family.