Determination of Heirship



A proceeding in which a court determines who the deceased’s heirs are and which heirs get which shares of the property.


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.

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