reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.056. Persons Not in Being

Sec. 201.056.  PERSONS NOT IN BEING.  No right of inheritance accrues to any person unless the person is born before, or is in gestation at, the time of the intestate's death and survives for at least 120 hours.  A person is:
(1)  considered to be in gestation at the time of the intestate's death if insemination or implantation occurs at or before the time of the intestate's death; and
(2)  presumed to be in gestation at the time of the intestate's death if the person is born before the 301st day after the date of the intestate's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.057. Collateral Kindred of Whole and Half Blood

Sec. 201.057.  COLLATERAL KINDRED OF WHOLE AND HALF BLOOD.  If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood.  If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.058. Convicted Persons

Sec. 201.058.  CONVICTED PERSONS.  (a)  No conviction shall work corruption of blood or forfeiture of estate except as provided by Subsection (b).
(b)  If a beneficiary of a life insurance policy or contract is convicted and sentenced as a principal or accomplice in wilfully bringing about the death of the insured, the proceeds of the insurance policy or contract shall be paid in the manner provided by the Insurance Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.059. Person Who Dies by Casualty

Sec. 201.059.  PERSON WHO DIES BY CASUALTY.  Death by casualty does not result in forfeiture of estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.060. Alienage

Sec. 201.060.  ALIENAGE.  A person is not disqualified to take as an heir because the person, or another person through whom the person claims, is or has been an alien.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.061. Estate of Person Who Dies by Suicide

Sec. 201.061.  ESTATE OF PERSON WHO DIES BY SUICIDE.  The estate of a person who commits suicide descends or vests as if the person died a natural death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter B. Matters Affecting Inheritance › Section 201.062. Treatment of Certain Parent-Child Relationships

Sec. 201.062.  TREATMENT OF CERTAIN PARENT-CHILD RELATIONSHIPS.  (a)  A probate court may enter an order declaring that the parent of a child under 18 years of age may not inherit from or through the child under the laws of descent and distribution if the court finds by clear and convincing evidence that the parent has:
(1)  voluntarily abandoned and failed to support the child in accordance with the parent's obligation or ability for at least three years before the date of the child's death, and did not resume support for the child before that date;
(2)  voluntarily and with knowledge of the pregnancy:
(A)  abandoned the child's mother beginning at a time during her pregnancy with the child and continuing through the birth;
(B)  failed to provide adequate support or medical care for the mother during the period of abandonment before the child's birth; and
(C)  remained apart from and failed to support the child since birth; or
(3)  been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following sections of the Penal Code or adjudicated under Title 3, Family Code, for conduct that caused the death or serious injury of a child and that would constitute a violation of one of the following sections of the Penal Code:
(A)  Section 19.02 (murder);
(B)  Section 19.03 (capital murder);
(C)  Section 19.04 (manslaughter);
(D)  Section 21.11 (indecency with a child);
(E)  Section 22.01 (assault);
(F)  Section 22.011 (sexual assault);
(G)  Section 22.02 (aggravated assault);
(H)  Section 22.021 (aggravated sexual assault);
(I)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(J)  Section 22.041 (abandoning or endangering a child, elderly individual, or disabled individual);
(K)  Section 25.02 (prohibited sexual conduct);
(L)  Section 43.25 (sexual performance by a child); or
(M)  Section 43.26 (possession or promotion of child pornography).
(b)  On a determination under Subsection (a) that the parent of a child may not inherit from or through the child, the parent shall be treated as if the parent predeceased the child for purposes of:
(1)  inheritance under the laws of descent and distribution; and
(2)  any other cause of action based on parentage.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter C. Distribution to Heirs › Section 201.101. Determination of per Capita With Representation Distribution

Sec. 201.101.  DETERMINATION OF PER CAPITA WITH REPRESENTATION DISTRIBUTION.  (a)  The children, descendants, brothers, sisters, uncles, aunts, or other relatives of an intestate who stand in the first or same degree of relationship alone and come into the distribution of the intestate's estate take per capita, which means by persons.
(b)  If some of the persons described by Subsection (a) are dead and some are living, each descendant of those persons who have died is entitled to a distribution of the intestate's estate.  Each descendant inherits only that portion of the property to which the parent through whom the descendant inherits would be entitled if that parent were alive.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter C. Distribution to Heirs › Section 201.102. No Distinction Based on Property's Source

Sec. 201.102.  NO DISTINCTION BASED ON PROPERTY'S SOURCE.  A distinction may not be made, in regulating the descent and distribution of an estate of a person dying intestate, between property derived by gift, devise, or descent from the intestate's father, and property derived by gift, devise, or descent from the intestate's mother.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter C. Distribution to Heirs › Section 201.103. Treatment of Intestate's Estate

Sec. 201.103.  TREATMENT OF INTESTATE'S ESTATE.  All of the estate to which an intestate had title at the time of death descends and vests in the intestate's heirs in the same manner as if the intestate had been the original purchaser.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter D. Advancements › Section 201.151. Determination of Advancement; Date of Valuation

Sec. 201.151.  DETERMINATION OF ADVANCEMENT; DATE OF VALUATION.  (a)  If a decedent dies intestate as to all or part of the decedent's estate, property that the decedent gave during the decedent's lifetime to a person who, on the date of the decedent's death, is the decedent's heir, or property received by the decedent's heir under a nontestamentary transfer under Subchapter B, Chapter 111, or Chapter 112 or 113, is an advancement against the heir's intestate share of the estate only if:
(1)  the decedent declared in a contemporaneous writing, or the heir acknowledged in writing, that the gift or nontestamentary transfer is an advancement; or
(2)  the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift or nontestamentary transfer is to be considered in computing the division and distribution of the decedent's intestate estate.
(b)  For purposes of Subsection (a), property that is advanced is valued as of the earlier of:
(1)  the time that the heir came into possession or enjoyment of the property; or
(2)  the time of the decedent's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 201 - Descent and Distribution › Subchapter D. Advancements › Section 201.152. Survival of Recipient Required

Sec. 201.152.  SURVIVAL OF RECIPIENT REQUIRED.  If the recipient of property described by Section 201.151 does not survive the decedent, the property is not considered in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.001. General Authorization for and Nature of Proceeding to Declare Heirship

Sec. 202.001.  GENERAL AUTHORIZATION FOR AND NATURE OF PROCEEDING TO DECLARE HEIRSHIP.  In the manner provided by this chapter, a court may determine through a proceeding to declare heirship:
(1)  the persons who are a decedent's heirs and only heirs; and
(2)  the heirs' respective shares and interests under the laws of this state in the decedent's estate or, if applicable, in the trust.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.18, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.002. Circumstances Under Which Proceeding to Declare Heirship Is Authorized

Sec. 202.002.  CIRCUMSTANCES UNDER WHICH PROCEEDING TO DECLARE HEIRSHIP IS AUTHORIZED.  A court may conduct a proceeding to declare heirship when:
(1)  a person dies intestate owning or entitled to property in this state and there has been no administration in this state of the person's estate;
(2)  there has been a will probated in this state or elsewhere or an administration in this state of a decedent's estate, but:
(A)  property in this state was omitted from the will or administration; or
(B)  no final disposition of property in this state has been made in the administration; or
(3)  it is necessary for the trustee of a trust holding assets for the benefit of a decedent to determine the heirs of the decedent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.19, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.0025. Action Brought After Decedent's Death

Sec. 202.0025.  ACTION BROUGHT AFTER DECEDENT'S DEATH.  Notwithstanding Section 16.051, Civil Practice and Remedies Code, a proceeding to declare heirship of a decedent may be brought at any time after the decedent's death.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 13, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.004. Persons Who May Commence Proceeding to Declare Heirship

Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO DECLARE HEIRSHIP.  A proceeding to declare heirship of a decedent may be commenced and maintained under a circumstance specified by Section 202.002 by:
(1)  the personal representative of the decedent's estate;
(2)  a person claiming to be a creditor or the owner of all or part of the decedent's estate;
(3)  if the decedent was a ward with respect to whom a guardian of the estate had been appointed, the guardian of the estate, provided that the proceeding is commenced and maintained in the probate court in which the proceedings for the guardianship of the estate were pending at the time of the decedent's death;
(4)  a party seeking the appointment of an independent administrator under Section 401.003; or
(5)  the trustee of a trust holding assets for the benefit of a decedent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.20, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 14, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.005. Application for Proceeding to Declare Heirship

Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE HEIRSHIP.  A person authorized by Section 202.004 to commence a proceeding to declare heirship must file an application in a court specified by Section 33.004 to commence the proceeding.  The application must state:
(1)  the decedent's name and date and place of death;
(2)  the names and physical addresses where service can be had of the decedent's heirs, the relationship of each heir to the decedent, whether each heir is an adult or minor, and the true interest of the applicant and each of the heirs in the decedent's estate or in the trust, as applicable;
(3)  if the date or place of the decedent's death or the name or physical address where service can be had of an heir is not definitely known to the applicant, all the material facts and circumstances with respect to which the applicant has knowledge and information that might reasonably tend to show the date or place of the decedent's death or the name or physical address where service can be had of the heir;
(4)  that all children born to or adopted by the decedent have been listed;
(5)  that each of the decedent's marriages has been listed with:
(A)  the date of the marriage;
(B)  the name of the spouse;
(C)  the date and place of termination if the marriage was terminated; and
(D)  other facts to show whether a spouse has had an interest in the decedent's property;
(6)  whether the decedent died testate and, if so, what disposition has been made of the will;
(7)  a general description of all property, as applicable:
(A)  belonging to the decedent's estate that is subject to distribution under a judgment in the proceeding; or
(B)  held in trust for the benefit of the decedent; and
(8)  an explanation for the omission from the application of any of the information required by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.21, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 9, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.006. Request for Determination of Necessity for Administration

Sec. 202.006.  REQUEST FOR DETERMINATION OF NECESSITY FOR ADMINISTRATION.  A person who files an application under Section 202.005 not later than the fourth anniversary of the date of the death of the decedent who is the subject of the application may request that the court determine whether there is a need for administration of the decedent's estate.  The court shall hear evidence on the issue and, in the court's judgment, make a determination of the issue.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.007. Affidavit Supporting Application Required

Sec. 202.007.  AFFIDAVIT SUPPORTING APPLICATION REQUIRED.  (a)  An application filed under Section 202.005 must be supported by the affidavit of each applicant.
(b)  An affidavit of an applicant under Subsection (a) must state that, to the applicant's knowledge:
(1)  all the allegations in the application are true; and
(2)  no material fact or circumstance has been omitted from the application.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.008. Required Parties to Proceeding to Declare Heirship

Sec. 202.008.  REQUIRED PARTIES TO PROCEEDING TO DECLARE HEIRSHIP.  Each of the following persons must be made a party to a proceeding to declare heirship:
(1)  each unknown heir of the decedent who is the subject of the proceeding;
(2)  each person who is named as an heir of the decedent in the application filed under Section 202.005; and
(3)  each person who is, on the filing date of the application, shown as owning a share or interest in any real property described in the application by the deed records of the county in which the property is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship › Section 202.009. Attorney Ad Litem

Sec. 202.009.  ATTORNEY AD LITEM.  (a)  The court shall appoint an attorney ad litem in a proceeding to declare heirship to represent the interests of heirs whose names or locations are unknown.
(b)  The court may expand the appointment of the attorney ad litem appointed under Subsection (a) to include representation of an heir who is an incapacitated person on a finding that the appointment is necessary to protect the interests of the heir.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 15, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.051. Service of Citation by Qualified Delivery Method When Recipient's Name and Address Are Known or Ascertainable

Sec. 202.051.  SERVICE OF CITATION BY QUALIFIED DELIVERY METHOD WHEN RECIPIENT'S NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE.  Except as provided by Section 202.054, citation in a proceeding to declare heirship must be served by a qualified delivery method on:
(1)  each distributee who is 12 years of age or older and whose name and address are known or can be ascertained through the exercise of reasonable diligence; and
(2)  the parent, managing conservator, or guardian of each distributee who is younger than 12 years of age if the name and address of the parent, managing conservator, or guardian are known or can be reasonably ascertained.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.052. Service of Citation by Publication

Sec. 202.052.  SERVICE OF CITATION BY PUBLICATION.  If the address of a person or entity on whom citation is required to be served cannot be ascertained, citation must be served on the person or entity by publication in the county in which the proceeding to declare heirship is commenced and in the county of the last residence of the decedent who is the subject of the proceeding, if that residence was in a county other than the county in which the proceeding is commenced.  To determine whether a decedent has any other heirs, citation must be served on unknown heirs by publication in the manner provided by this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.053. Required Posting of Citation

Sec. 202.053.  REQUIRED POSTING OF CITATION.  Except in a proceeding in which citation is served by publication as provided by Section 202.052, citation in a proceeding to declare heirship must be posted in:
(1)  the county in which the proceeding is commenced; and
(2)  the county of the last residence of the decedent who is the subject of the proceeding.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.054. Personal Service of Citation May Be Required

Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.  (a)  The court may require that service of citation in a proceeding to declare heirship be made by personal service on some or all of those named as distributees in the application filed under Section 202.005.
(b)  If a distributee to be cited under Subsection (a) is absent from or is not a resident of this state, any disinterested person competent to make an oath that the citation was served may serve the citation.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.055. Service of Citation on Certain Persons Not Required

Sec. 202.055.  SERVICE OF CITATION ON CERTAIN PERSONS NOT REQUIRED.  A party to a proceeding to declare heirship who executed the application filed under Section 202.005, entered an appearance in the proceeding, or waived citation under this subchapter is not required to be served by any method.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.056. Waiver of Service of Citation

Sec. 202.056.  WAIVER OF SERVICE OF CITATION.  (a)  A distributee who is 16 years of age or older may waive citation required by this subchapter to be served on the distributee.
(b)  A parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of a distributee who is younger than 16 years of age may waive citation required by this subchapter to be served on the distributee.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 16, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 11, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter B. Notice of Proceeding to Declare Heirship › Section 202.057. Affidavit of Service of Citation

Sec. 202.057.  AFFIDAVIT OF SERVICE OF CITATION.  (a)  A person who files an application under Section 202.005 shall file with the court:
(1)  a copy of any citation required by this subchapter and the proof of delivery of service of the citation; and
(2)  an affidavit sworn to by the applicant or a certificate signed by the applicant's attorney stating:
(A)  that the citation was served as required by this subchapter;
(B)  the name of each person to whom the citation was served, if the person's name is not shown on the proof of delivery; and
(C)  if service of citation is waived under Section 202.056:
(i)  the name of each person who waived citation under that section; and
(ii)  if citation is waived under Section 202.056(b)(1), the name of the distributee and the representative capacity of the person who waived citation required to be served on the distributee.
(b)  The court may not enter an order in the proceeding to declare heirship under Subchapter E until the affidavit or certificate required by Subsection (a) is filed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 17, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter C. Transfer of Pending Proceeding to Declare Heirship › Section 202.101. Required Transfer of Pending Proceeding to Declare Heirship Under Certain Circumstances

Sec. 202.101.  REQUIRED TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP UNDER CERTAIN CIRCUMSTANCES.  If, after a proceeding to declare heirship is commenced, an administration of the estate of the decedent who is the subject of the proceeding is granted in this state or the decedent's will is admitted to probate in this state,  the court in which the proceeding to declare heirship is pending shall, by an order entered of record in the proceeding, transfer the proceeding to the court in which the administration was granted or the will was probated.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter C. Transfer of Pending Proceeding to Declare Heirship › Section 202.102. Transfer of Records

Sec. 202.102.  TRANSFER OF RECORDS.  The clerk of the court from which a proceeding to declare heirship is transferred under Section 202.101 shall, on entry of the order under that section, send to the clerk of the court named in the order a certified transcript of all pleadings, entries in the judge's probate docket, and orders of the court in the proceeding.  The clerk of the court to which the proceeding is transferred shall:
(1)  file the transcript;
(2)  record the transcript in the judge's probate docket of that court; and
(3)  docket the proceeding.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.007, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter C. Transfer of Pending Proceeding to Declare Heirship › Section 202.103. Procedures Applicable to Transferred Proceeding to Declare Heirship; Consolidation With Other Proceeding

Sec. 202.103.  PROCEDURES APPLICABLE TO TRANSFERRED PROCEEDING TO DECLARE HEIRSHIP; CONSOLIDATION WITH OTHER PROCEEDING.  A proceeding to declare heirship that is transferred under Section 202.101 shall proceed as though the proceeding was originally filed in the court to which the proceeding is transferred.  The court may consolidate the proceeding with the other proceeding pending in that court.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter D. Evidence Relating to Determination of Heirship › Section 202.151. Evidence in Proceeding to Declare Heirship

Sec. 202.151.  EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP.  (a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be  reduced to writing and subscribed and sworn to by the witnesses, respectively.
(b)  Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent's heirs and family history must be taken:
(1)  from two disinterested and credible witnesses in open court;
(2)  by deposition in accordance with Section 51.203;
(3)  by a recorded statement of facts contained in:
(A)  an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B)  a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4)  in accordance with the Texas Rules of Civil Procedure.
(c)  If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken:
(1)  in open court;
(2)  by deposition in accordance with Section 51.203;
(3)  by a recorded statement of facts contained in:
(A)  an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B)  a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4)  in accordance with the Texas Rules of Civil Procedure.
(d)  Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.008, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 18, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 6, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.201. Required Statements in Judgment

Sec. 202.201.  REQUIRED STATEMENTS IN JUDGMENT.  (a)  The judgment in a proceeding to declare heirship must state:
(1)  the names of the heirs of the decedent who is the subject of the proceeding; and
(2)  the heirs' respective shares and interests in the decedent's property.
(b)  If the proof in a proceeding to declare heirship is in any respect deficient, the judgment in the proceeding must state that.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.202. Finality and Appeal of Judgment

Sec. 202.202.  FINALITY AND APPEAL OF JUDGMENT.  (a)  The judgment in a proceeding to declare heirship is a final judgment.
(b)  At the request of an interested person, the judgment in a proceeding to declare heirship may be appealed or reviewed within the same time limits and in the same manner as other judgments in probate matters.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.203. Correction of Judgment at Request of Heir Not Properly Served

Sec. 202.203.  CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED.  If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by a qualified delivery method or personal service in the proceeding, the heir may:
(1)  have the judgment in the proceeding corrected by bill of review:
(A)  at any time, but not later than the fourth anniversary of the date of the judgment; or
(B)  after the passage of any length of time, on proof of actual fraud; and
(2)  recover the heir's just share of the property or the value of that share from:
(A)  the heirs named in the judgment; and
(B)  those who claim under the heirs named in the judgment and who are not bona fide purchasers for value.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.204. Limitation of Liability of Certain Persons Acting in Accordance With Judgment

Sec. 202.204.  LIMITATION OF LIABILITY OF CERTAIN PERSONS ACTING IN ACCORDANCE WITH JUDGMENT.  (a)  The judgment in a proceeding to declare heirship is conclusive in a suit between an heir omitted from the judgment and a bona fide purchaser for value who purchased property after entry of the judgment without actual notice of the claim of the omitted heir, regardless of whether the judgment is subsequently modified, set aside, or nullified.
(b)  A person is not liable to another person for the following actions performed in good faith after a judgment is entered in a proceeding to declare heirship:
(1)  delivering the property of the decedent who was the subject of the proceeding to the persons named as heirs in the judgment; or
(2)  engaging in any other transaction with the persons named as heirs in the judgment.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.205. Effect of Certain Judgments on Liability to Creditors

Sec. 202.205.  EFFECT OF CERTAIN JUDGMENTS ON LIABILITY TO CREDITORS.  (a)  A judgment in a proceeding to declare heirship stating that there is no necessity for administration of the estate of the decedent who is the subject of the proceeding constitutes authorization for a person who owes money to the estate, has custody of estate property, acts as registrar or transfer agent of an evidence of interest, indebtedness, property, or right belonging to the estate, or purchases from or otherwise deals with an heir named in the judgment to take the following actions without liability to a creditor of the estate or other person:
(1)  to pay, deliver, or transfer the property or the evidence of property rights to an heir named in the judgment; or
(2)  to purchase property from an heir named in the judgment.
(b)  An heir named in a judgment in a proceeding to declare heirship is entitled to enforce the heir's right to payment, delivery, or transfer described by Subsection (a) by suit.
(c)  Except as provided by this section, this chapter does not affect the rights or remedies of the creditors of a decedent who is the subject of a proceeding to declare heirship.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 202 - Determination of Heirship › Subchapter E. Judgment in Proceeding to Declare Heirship › Section 202.206. Filing and Recording of Judgment

Sec. 202.206.  FILING AND  RECORDING OF JUDGMENT.  (a)  A certified copy of the judgment in a proceeding to declare heirship may be:
(1)  filed for record in the office of the county clerk of the county in which any real property described in the judgment is located;
(2)  recorded in the deed records of that county; and
(3)  indexed in the name of the decedent who was the subject of the proceeding as grantor and in the names of the heirs named in the judgment as grantees.
(b)  On the filing of a judgment in accordance with Subsection (a), the judgment constitutes constructive notice of the facts stated in the judgment.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 203 - Nonjudicial Evidence of Heirship › Section 203.001. Recorded Statement of Facts as Prima Facie Evidence of Heirship

Sec. 203.001.  RECORDED STATEMENT OF FACTS AS PRIMA FACIE EVIDENCE OF HEIRSHIP.  (a)  A court shall receive in a proceeding to declare heirship or a suit involving title to property a statement of facts concerning the family history, genealogy, marital status, or the identity of the heirs of a decedent as prima facie evidence of the facts contained in the statement if:
(1)  the statement is contained in:
(A)  an affidavit or other instrument legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths, as applicable; or
(B)  a judgment of a court of record; and
(2)  the affidavit or instrument containing the statement has been of record for five years or more in the deed records of a county in this state in which the property is located at the time the suit involving title to property is commenced, or in the deed records of a county in this state in which the decedent was domiciled or had a fixed place of residence at the time of the decedent's death.
(b)  If there is an error in a statement of facts in a recorded affidavit or instrument described by Subsection (a), anyone interested in a proceeding in which the affidavit or instrument is offered in evidence may prove the true facts.
(c)  An affidavit of facts concerning the identity of a decedent's heirs as to an interest in real property that is filed in a proceeding or suit described by Subsection (a) may be in the form prescribed by Section 203.002.
(d)  An affidavit of facts concerning the identity of a decedent's heirs does not affect the rights of an omitted heir or creditor of the decedent as otherwise provided by law.  This section is cumulative of all other statutes on the same subject and may not be construed as abrogating any right to present evidence or rely on an affidavit of facts conferred by any other statute or rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter A. General Provisions › Section 204.001. Proceedings and Records Public

Sec. 204.001.  PROCEEDINGS AND RECORDS PUBLIC.  A proceeding under this chapter or Chapter 202 involving genetic testing is open to the public as in other civil cases.  Papers and records in the proceeding are available for public inspection.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.051. Order for Genetic Testing

Sec. 204.051.  ORDER FOR GENETIC TESTING.  (a)  In a proceeding to declare heirship under Chapter 202, the court may, on the court's own motion, and shall, on the request of a party to the proceeding, order one or more specified individuals to submit to genetic testing as provided by Subchapter F, Chapter 160, Family Code.  If two or more individuals are ordered to be tested, the court may order that the testing of those individuals be done concurrently or sequentially.
(b)  The court may enforce an order under this section by contempt.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.052. Advancement of Costs

Sec. 204.052.  ADVANCEMENT OF COSTS.  Subject to any assessment of costs following a proceeding to declare heirship in accordance with Rule 131, Texas Rules of Civil Procedure, the cost of genetic testing ordered under Section 204.051 must be advanced:
(1)  by a party to the proceeding who requests the testing;
(2)  as agreed by the parties and approved by the court; or
(3)  as ordered by the court.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.053. Order and Advancement of Costs for Subsequent Genetic Testing

Sec. 204.053.  ORDER AND ADVANCEMENT OF COSTS FOR SUBSEQUENT GENETIC TESTING.  (a)  Subject to Subsection (b), the court shall order genetic testing subsequent to the testing conducted under Section 204.051 if:
(1)  a party to the proceeding to declare heirship contests the results of the genetic testing ordered under Section 204.051; and
(2)  the party contesting the results requests that additional testing be conducted.
(b)  If the results of the genetic testing ordered under Section 204.051 identify a tested individual as an heir of the decedent, the court may order additional genetic testing in accordance with Subsection (a) only if the party contesting those results pays for the additional testing in advance.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.054. Submission of Genetic Material by Other Relative Under Certain Circumstances

Sec. 204.054.  SUBMISSION OF GENETIC MATERIAL BY OTHER RELATIVE UNDER CERTAIN CIRCUMSTANCES.  If a sample of an individual's genetic material that could identify another individual as the decedent's heir is not available for purposes of conducting genetic testing under this subchapter, the court, on a finding of good cause and that the need for genetic testing outweighs the legitimate interests of the individual to be tested, may order any of the following individuals to submit a sample of genetic material for the testing under circumstances the court considers just:
(1)  a parent, sibling, or child of the individual whose genetic material is not available; or
(2)  any other relative of that individual, as necessary to conduct the testing.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.055. Genetic Testing of Deceased Individual

Sec. 204.055.  GENETIC TESTING OF DECEASED INDIVIDUAL.  On good cause shown, the court may order:
(1)  genetic testing of a deceased individual under this subchapter; and
(2)  if necessary, removal of the remains of the deceased individual as provided by Section 711.004, Health and Safety Code, for that testing.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.