Nimmons & Fronterhouse is often capable of offering its legal services at a flat fee even when there is no will. Below is a brief description of the legal proceedings when an individual dies without a will and how the court handles that situation.
An heirship proceeding is a court proceeding used to determine who an individual’s heirs are.
When an individual dies without a last will and testament (referred to as dying intestate), Texas laws determine who the heirs are and what property they will receive. Even though identifying an individual’s heirs is commonly an easy and straightforward process, the courts do not make assumptions regarding the identity of heirs. This process involves a court-appointed attorney who investigates the deceased individual’s family history and confirms to the court the identity of the heirs.
KEY POINTS ABOUT AN HEIRSHIP PROCEEDING:
** This legal proceeding determines and legally establishes who should receive the decedent’s property and in what percentage.
** A court-appointed attorney ad litem conducts interviews.
** Two disinterested witnesses must testify in court to the deceased person’s family history.
** Concurrent with the heirship proceeding, the court conducts an estate administration hearing.
Application for Independent Administration with heirship proceedings – $2,500.00 or more
Probate proceedings involve expenses such as court filing fees and other miscellaneous costs which are approximately $1,000.00. An heirship proceeding requires the appointment of an ad-litem attorney at a cost of $800.00 or more.
When there is a legal contest or complicated legal matters, additional attorney’s fees are incurred on an hourly basis.
For more information on our flat fee legal services, contact Cynthia Fronterhouse at 713-467-1760.
If interested in creating a will while an individual is still living, please read about our Estate Planning services.
