When There Is No Will

No, an administrator cannot legally take all estate assets for themselves when someone dies without a will. The property must instead be distributed to the deceased person's rightful relatives based on state intestacy laws. To establish these legal shares in Tarrant County, a proceeding for the determination of heirship must be filed under Texas Estates Code Section 202.001.

An affidavit of heirship is typically completed by someone who is familiar with the deceased person's family history but does not stand to inherit from the estate. Under Texas Estates Code Section 203.001, this document must be signed by two disinterested witnesses and then filed in the real property records of Tarrant County.

You are not legally required to hire an attorney to file an affidavit of heirship. However, a lawyer can ensure your document meets the strict requirements of Texas Estates Code Section 203.001 to properly establish the heirs of the deceased. The finalized affidavit must then be filed in the deed records of Tarrant County.

When a person dies without a will, Texas intestacy laws dictate that their closest surviving relatives, such as a spouse or children, inherit the estate. To legally establish the identity of these heirs in Tarrant County, an interested party must file a proceeding for a determination of heirship under Texas Estates Code section 202.001.

Yes, probate is required in Tarrant County when someone dies without a will to legally transfer their assets to surviving family members. Under Texas Estates Code Section 202.001, a judge must conduct a proceeding to declare heirship to officially identify the legal heirs and their rightful shares of the estate.