Contested Heirship in Tarrant County

When there is no will, or the family can’t agree on who the spouses and children were, a Tarrant County probate judge decides who the heirs are in a proceeding to declare heirship. The bank, the title company and the relatives don’t get to decide it on their own.

What these cases are really about

Heirship disputes are usually about facts, not law. A second marriage nobody mentioned. A child from a relationship that was never formalized. A sibling who has lived in the house since the funeral and now says it is hers.

Until a judge signs a judgment declaring heirship, the property is stuck. It can’t easily be sold, refinanced or divided, because nobody can prove who owns what share. That is what brings most families to us.

The application sets the starting point

Estates Code Section 202.005 lists what the application to declare heirship must contain, including the decedent’s marriages, children and heirs. It is the first sworn version of the family put before the court. If it is wrong, or written to favor the person who filed it, it is much cheaper to challenge it now than to fix it later.

Section 202.008 makes the heirs named in the application, any unknown heirs, and the record owners of the real property listed in the application necessary parties to the case. If you were served, you are a party whether or not you respond.

Tex. Est. Code §§ 202.005, 202.008.

How a heirship case proceeds in Tarrant County

1. The application is filed. It lists the family members and relationships the applicant says are correct. Read it closely.
2. The necessary parties are brought in. That includes the named heirs, unknown heirs, and record owners of the real property.
3. The court appoints an attorney ad litem. Section 202.009 says the court “shall” appoint one to represent heirs whose names or locations are unknown. The appointment is required in every case.
4. The disputed facts are proved. Marriage and divorce records, birth records, school records, and testimony from people who knew the family. Documents usually carry more weight than memories.
5. The court signs a judgment declaring the heirs. That judgment is what lets the property be sold or divided, and it is what a buyer’s title company will rely on.

Tex. Est. Code § 202.009.

Plan around the attorney ad litem

The attorney ad litem’s job is to look for heirs who weren’t named. Families who give that lawyer their records early usually get a better result than families who try to manage what the ad litem learns.

Ancillary and contested matters

The Tarrant County probate courts sort cases in a way that confuses people from other counties. Under the local rules, an ancillary matter is a lawsuit by or against the personal representative that isn’t part of routine administration. It uses the estate’s cause number followed by the letter A, then B, C and so on. A contested matter is any other litigated dispute with opposing parties. A fight over who the heirs are is a contested matter, not an ancillary one.

Tarrant County probate courts’ local rules, Rule 1.03(b)–(c).

We don’t prepare affidavits of heirship

An affidavit of heirship is a sworn statement signed outside of court by people who knew the family. It is used to clear title when nobody disagrees. It isn’t a court judgment, and it doesn’t bind an heir who disputes it. We handle contested heirship proceedings in court. We don’t prepare affidavits of heirship or handle uncontested administrations. A general probate lawyer is a better fit for that work.

Tarrant County has two statutory probate courts. Probate Court No. 1 is in Room 260A and Probate Court No. 2 is in Room 150 of the courthouse at 100 West Weatherford Street.