Legal Question in Wills and Trusts in Texas

That person is initially called an interested party, because they would have an interest (some cognizable right or standing) in the estate. While heirs are the most common interested parties, they are not the only ones. Creditors, for example, have standing to commence probate proceedings.

In cases of intestacy (dying without a Will) it is virtually impossible to die without heirs. If there are no children, siblings or parents, the reach of an heirship proceeding simply grows longer. Ultimately, after applying the relevant statutes of descent and distribution, there will most assuredly be individuals out there with a right to part of the decedent's estate as an heir. We often call these individuals "laughing heirs," since they may not even be aware of their relationship to the decedent.

While it may be admirable to think that someone would simply step up to protect the estate until those heirs can be discovered, that does not usually happen. Assuming that you're looking to be that "white hat," the Court is going to want to know what legal interest you have in the administration of the estate. You're also looking at taking on some pretty substantial cost and liability for nothing in return.