{"id":12813,"date":"2023-10-27T06:00:30","date_gmt":"2023-10-27T11:00:30","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12813"},"modified":"2025-06-18T12:49:40","modified_gmt":"2025-06-18T17:49:40","slug":"path-painfully-traveled-act-now-avoid-texas-heirship-law","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/probate\/path-painfully-traveled-act-now-avoid-texas-heirship-law\/","title":{"rendered":"The Path Painfully Traveled – Act Now to Avoid Texas Heirship Law"},"content":{"rendered":"

There are several paths that could be taken in a <\/span>Texas probate<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n

If your spouse left a <\/span>valid will that is properly drafted<\/span><\/a>, then you can take the easy path, the one that is straight, narrow, and short. After minimal court filings and a 5- minute court hearing, you are done. No bond, no court supervision, no controversy required.\u00a0<\/span><\/p>\n

If your spouse left a <\/span>valid will that was poorly drafted<\/span><\/a>, then your path gets curvy and much longer. You must have an evidentiary hearing, probably contested, to clear up the issues. You may not like the outcome.\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

If your spouse left no will, an invalid will, or an incomplete will that did not dispose of all assets, your path just took a hair-raising turn that will end only when you fall off the cliff. On the way, you must pass through the gates of hell, also known as an \u201cheirship proceeding.\u201d\u00a0<\/span><\/p>\n

What is an Heirship Proceeding?<\/span><\/h2>\n

Nobody likes the results in an heirship proceeding. Let\u2019s explain by giving you a hypothetical blended family: you, your spouse, and his children from his first marriage. We will also give you a simplified version of assets: together you owned several bank accounts, furniture, stocks, personal belongings, a vacation home in Texas, and two cars. Those had been created or purchased during your marriage. The accounts did not have a beneficiary designation, and they were not marked \u201cright of survivorship.\u201d\u00a0\u00a0<\/span><\/p>\n

Your spouse also owned, from before his marriage to you, the home you have been living in and a collection of valuable artworks.\u00a0\u00a0<\/span><\/p>\n

Who gets what because of his death? Here\u2019s the simple answer:\u00a0<\/span><\/p>\n