Your Determination of Heirship Roadmap

Confirm the decedent died without a valid will

Confirm the estate is too large for a Small Estate Affidavit (over $75,000) or includes assets beyond real property

Be prepared for the court to appoint an Attorney Ad Litem to represent unknown heirs — the fee is charged to the estate

Document the full family history — marriages, divorces, children (biological, step, and adopted), prior deaths

Identify two disinterested witnesses who knew the family and can testify under oath about the heirship

Gather death certificates for any predeceased heirs whose status affects the inheritance

Locate marriage certificates, divorce decrees, and adoption records relevant to the family tree

Identify any potentially unknown or omitted heirs — non-marital children, half-siblings, prior marriages

Plan for a court hearing where witnesses will testify under oath about the family history

Understand the Decree of Heirship is the only legally enforceable determination of who inherits — required for transferring significant assets

Plan to combine the heirship with a dependent or independent administration in the same proceeding when feasible

Schedule a flat-fee consultation with WG Law — heirship cases benefit enormously from early counsel to identify hidden issues before filing