Texas § ES.202.005 - APPLICATION FOR PROCEEDING TO DECLARE HEIRSHIP

§ ES.202.005. APPLICATION FOR PROCEEDING TO DECLARE HEIRSHIP

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.