Here is a brief outline of the process for determining the heirs of a Decedent, if there is no Will.
1. Attorney files an Application for Determination of Heirship naming all heirs with the probate court.
The application must be accompanied by:
- Filing fee; and
- Original death certificate.
2. Interested parties must receive notice.
- Clerk posts Notice of Citation on the courthouse bulletin board.
- Attorney publishes Notice of Citation in the newspaper.
- Attorney sends written notice to all heirs and devisees.
- Attorney files Proof of Citation and Proof of Notice with court.
3. Attorney asks all heirs to sign an agreement waiving citation and allowing independent administration.
- Attorney files signed agreements with court.
- Heirs who the sign agreements will not need to receive citation.
- Heirs who fail to sign the agreement will need to receive citation issued by the clerk.
4. The probate court will appoint an Attorney ad Litem to investigate the facts.
- Applicant must provide names of two disinterested witnesses who can testify in court to the family history.
- The ad Litem will interview the witnesses by phone.
- The ad Litem will file a report with the probate court.
- After the Attorney ad Litem files the report, Attorney sets a hearing in probate court.
5. The Attorney will prepare documents to be presented at the hearing.
- Proof of Death and Other Facts to be signed by Applicant.
- Testimony Concerning Identity of Heirs to be signed by each witness.
- Order Determining Heirs to be signed by the Court.
6. The Applicant, the Applicant’s Attorney, and the two disinterested witnesses attend the hearing in probate court.
- The Attorney ad Litem also attends.
- Generally takes less than a half hour.
- Applicant testifies to death of Decedent and other facts.
- Disinterested witnesses testify to family history.
- Judge signs Order Determining Heirs.
- Administrator and witnesses sign their testimony.
7. An heir named in the judgment may collect money owed to him through the Decedent.
CraveyLaw 