Legal Question in Wills and Trusts in Texas

Re: Texas resident/West Virginia death

Hello -

Heirship proceedings in Texas are usually done in conjunction with a court administration of a decedent's estate. An administration is the process by which a person is appointed to represent the interests of the estate, pay the estate's debts out of estate assets, and distribute any remaining property according to the law. The Heirship proceeding then is a Court mandate telling the representative how to distribute the estate.

For a Texas probate court to be involved (i.e. have jurisdiction), the decendent must have been domiciled in this state (fixed place of residence here), have had land here, had sizeable personal property here, or some other "significant tie to the state" (much more rare than the preceeding means).

Heirship is generally proven by live testimony from or (in many cases) the affidavit of two disinterested witnesses (non-blood or family related) -- people familar with family history, etc. An "attorney ad litem" is often appointed by the court (in many courts this is a requirement) to investigate and confirm the contents of the affidavit.

Administrations and heirships can be expensive in Texas, and attorneys can charge up to $75-150 an hour or, if flat fee, $2500-5000. I would suggest finding an attorney who uses a flat fee and is willing to work for a more reasonable amount. Our firm, for example, generally charges $1250 for such a service.

Should you have any further questions or concerns, I will be happy to consult with you at no charge via e-mail: [email protected] or via phone at 254.756.5004 Thanks, and all the best to you in the resolution of this issue.