Texas § ES.33.004 - HEIRSHIP PROCEEDINGS
Full text of Texas The Texas Constitution § ES.33.004 — HEIRSHIP PROCEEDINGS, with citation guidance and answers to common questions.
§ ES.33.004. HEIRSHIP PROCEEDINGS
HEIRSHIP PROCEEDINGS. (a) Venue for a proceeding to determine a decedent's heirs is in: (1) the court of the county in which a proceeding admitting the decedent's will to probate or administering the decedent's estate was most recently pending; or (2) the court of the county in which venue would be proper for commencement of an administration of the decedent's estate under Section 33.001 if: (A) no will of the decedent has been admitted to probate in this state and no administration of the decedent's estate has been granted in this state; or (B) the proceeding is commenced by the trustee of a trust holding assets for the benefit of the decedent. (b) Notwithstanding Subsection (a) and Section 33.001 , if there is no administration pending of the estate of a deceased ward who died intestate, venue for a proceeding to determine the deceased ward's heirs is in the probate court in which the guardianship proceedings with respect to the ward's estate were pending on the date of the ward's death. A proceeding described by this subsection may not be brought as part of the guardianship proceedings with respect to the ward's estate, but rather must be filed as a separate cause in which the court may determine the heirs' respective shares and interests in the estate as provided by the laws of this state. Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.04, eff. January 1, 2014.
Frequently Asked Questions About Texas § ES.33.004
What does The Texas Constitution § ES.33.004 cover?
Section ES.33.004 ("HEIRSHIP PROCEEDINGS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.33.004?
A common citation format is "The Texas Constitution § ES.33.004" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.33.004 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.