Heirship

 

Download
 Heirship Questionnaire

What do you do if there isn't a Will?
 

Many estates are successfully and economically probated without a will.  The goal is to avoid dependent administration which is usually possible.  Costs are higher than probating a will, but Pyke & Associates can handle your estate for a reasonable fee with or without a will.

First: Are You an Heir?
Your loved one didn't leave a will, but they did leave things to be cleaned up?  What can you do?  Hopefully, you can avoid the only probate option in Texas that necessarily involves high attorney fees:  a full dependent administration.   Dependent administration involves the Court appointing a person to take the assets of the estate, liquidate them, pay the debts, and distribute the assets to the heirs.  The administrator must get Court approval for virtually every decision they make, so there is little chance of abuse, but the cost is high.  Dependent administration is the probate option everyone fears, but  it is easily avoided with a will.  Even if there is no will, there is hope:  Would these options work for you?:

  • Is there just a house or other real estate to be sold?  The main reason that some probate administration is usually necessary is that the decedent owned a home or other real estate.  A simple procedure called a Declaration of Heirship can solve your problems. 
     

  • Are all the Heirs agreeable and cooperative?  If so, the heirs can select one or more of them to serve as an "independent administrator" and dramatically reduce the costs of administration. 
     

  • I heard about something called "Muniment of Title"?  This is a procedure where the will is filed to evidence who inherited a piece of property.  Although a simple procedure, there must be a will.  If there is no will,  this simply isn't an option.  If there is a will, a low-cost probate is a better option in most cases.  If the executor didn't timely probate the will, other heirs can probate the will as a muniment of title.  
     

  • The estate is so small, isn't there a cheaper option than full administration?  If the estate is not large and all the debts can be paid from the estate's assets, "Small estate administration" is an option.  This can allow the estate to be resolved without the expense of a full dependent administration.

IF NONE OF THESE OPTIONS WORK, YOU MAY NEED A DEPENDENT ADMINISTRATION.  MOST OF THE COSTS OF ADMINISTRATION WILL BE BORNE BY THE ENTIRE ESTATE.  CONTACT PYKE AND ASSOCIATES AT OUR OFFICES TO EXPLORE YOUR OPTIONS. 

 

12655 North Central Expwy., North Central Plaza I, Suite 700, Dallas, Texas 75243
(214) 866-0133 • Fax: (214) 866-0433 • email:  David Pyke
Copyright 2003-2009 -- David M. Pyke

DISCLAIMER: ATTORNEYS ARE NOT BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION