Heirship Attorney in Austin, TX

Proving Heirship When There Is No Will

When someone dies without a will in Texas, state law decides who inherits. Before a bank, title company or buyer will deal with the heirs, someone has to prove who those heirs are. We handle every way of doing that, from a simple affidavit of heirship to a full court proceeding, and we untangle the hard cases: second marriages, children from other relationships, heirs who have died since, and relatives nobody can find.

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated November 2026

Who Inherits When There Is No Will?

Texas intestacy law sets the order. A few common examples:

• Married, and all of the children are also the surviving spouse’s: the spouse receives all of the community property (Tex. Est. Code § 201.003).
• Married, with a child from another relationship: the deceased spouse’s half of the community property passes to their children (§ 201.003(c)).
• Separate property, with a spouse and children: the spouse receives one-third of the personal property and a life estate in one-third of the land, and the children receive the rest (§ 201.002).
• Not married: everything passes to the children, or if there are none, to parents, siblings and more distant relatives (§ 201.001).

For the full rules, see our Austin intestate succession lawyer page.

Three Ways to Prove Heirship

How a Heirship Proceeding Works

1. Family tree. We gather the family history: marriages, divorces, children and anyone who has died.
2. Application. We file in the county where the person lived. If the estate needs an administrator, we ask for that in the same case.
3. Notice. Heirs whose names and addresses are known are served, and unknown heirs are served by publication (§§ 202.051–202.052).
4. Attorney ad litem. The court appoints an attorney ad litem to represent heirs whose names or locations are unknown (§ 202.009). The ad litem reviews the family history before the hearing.
5. Hearing. Testimony about the family usually comes from two disinterested and credible witnesses who knew the family (§ 202.151).
6. Judgment. The judge signs a judgment declaring the heirs and their shares, which we record in each county where there is real estate.

Heirship Plus Administration

If the estate has debts, accounts that need someone to sign, or property to sell, a judgment of heirship alone isn’t enough. The heirs can agree to an independent administrator, but the court must first declare who the heirs are (§ 401.003). We request both in one case to save time. See Probate with independent administration.

Complications We Handle

• Second marriages and children from earlier relationships
• Adopted children and stepchildren
• A claimed informal (common-law) marriage
• An heir who died after the decedent, whose share passes through their own estate
• Heirs who are missing, out of state or out of the country
• A house that has stayed in a deceased relative’s name for years. See how long you have to transfer property after death.

What Does It Cost?

An affidavit of heirship is the least expensive option. A small estate affidavit usually costs more, and a court heirship proceeding costs the most because of the notice, the attorney ad litem and the hearing. We tell you which option the title company or bank will accept before you spend money on the wrong one, and we give you a written flat-fee quote.

Where the Case Is Filed

Probate is filed in the county where the person lived when they died. We handle cases in:

• Travis County: Travis County Probate Court No. 1 and No. 2 in Austin. See our Travis County probate attorney page.
• Williamson County: filed with the County Clerk in Georgetown and heard by the county courts at law. See Williamson County probate.
• Hays County: filed in San Marcos and heard by the county courts at law. See Hays County probate.

Many hearings are short, and family members who live out of town can often handle much of the process with us by phone, video and mail.

Why Families Choose Henington Lewis

• Both attorneys handle probate. Turner Henington and Samantha Lewis handle probates, heirship cases and executor problems, and Samantha handles estate disputes if a disagreement comes up.
• A written quote before anything is filed. After a free case review, we tell you which kind of probate fits and give you a written flat-fee quote.
• Tax background. Turner is a former KPMG tax accountant, which helps with an estate’s final income tax returns and any estate tax questions.
• You work with your attorney. You talk to the lawyer handling your case, not a call center.

Get a Free Probate Case Review

Tell us a little about the situation and an attorney will contact you as soon as possible. There is no cost and no obligation. You can also call (512) 737-8404.

What Our Clients Say

Heirship FAQ

Is there a deadline to determine heirship in Texas?

No. A proceeding to declare heirship can be brought at any time after the death.

Do we need a court heirship proceeding, or is an affidavit of heirship enough?

It depends on who needs to rely on it. Many title companies accept an affidavit of heirship for a simple family, but some require a court judgment, especially for larger estates, complicated families or a pending sale.

Who can sign an affidavit of heirship?

Usually people who knew the deceased and the family well, ideally ones who do not inherit. The affidavit is signed before a notary and recorded in the county property records.

What if one of the heirs can’t be found?

The case can still go forward. The court appoints an attorney ad litem to represent unknown or missing heirs, and notice is given by publication.

Can the heirs sell the house without a heirship determination?

Usually not. A title company will want proof of who the heirs are, through a recorded affidavit of heirship or a court judgment, and all of the heirs typically must sign the deed.

Can heirship and administration be handled in one case?

Yes. When the estate needs an administrator, the court can declare heirship and appoint an independent administrator in the same proceeding if the heirs agree.

Other Types of Probate We Handle

• Title probate (muniment of title)
• Probate with independent administration
• Probate with dependent administration
• Small estate affidavit
• Probating a will after 4 years
• Austin probate attorney: all probate services
• Contested probate and will contests

Related Guides

• Texas Affidavit of Heirship: Requirements and Filing
• Austin intestate succession lawyer
• Does a Surviving Spouse Need Probate in Texas?
• How Long to Transfer Property After Death in Texas
• What to Do After Someone Dies in Texas

Sources and Texas Law Cited

• Tex. Est. Code chapter 201 (intestate succession)
• Tex. Est. Code chapter 202 (determination of heirship)
• Tex. Est. Code § 202.0025 (no deadline)
• Tex. Est. Code § 202.009 (attorney ad litem)
• Tex. Est. Code § 203.001 (affidavit of heirship as evidence)
• Tex. Est. Code § 401.003 (independent administration without a will)

This page is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.