Contested Heirship in Bexar County

An heirship case decides who inherits under Texas law when someone dies without a will, or when a will does not cover all of the property. In Bexar County, a probate judge makes that decision based on evidence, and the judgment binds everyone properly made a party. When relatives disagree about who the heirs are, the case becomes a lawsuit within the family.

The Three Bexar County Probate Courts

• Probate Court No. 1Judge Oscar J. Kazen. 100 Dolorosa, Room 117.
• Probate Court No. 2Judge Veronica Vasquez, with Associate Judge Ben A. Wallis III. 100 Dolorosa, Room 123.
• Probate Court No. 3Judge Barbie Scharf-Zeldes. 100 Dolorosa, Suite 1.20. All three sit in San Antonio 78205.

You do not pick among them. Under Gov’t Code 25.0173(o) the county clerk assigns cases equally among the three probate courts and dockets them at random, so you do not choose which judge hears your case. The three judges may also sit and act for each other in any probate matter under 25.0173(p). Court No. 3 is the newest; cases went to it beginning September 1, 2023.

All three of these courts have jurisdiction to decide the issue of title to real or personal property, so if the dispute is really about a house that several siblings each claim a share of, the court deciding who the heirs are can decide title too. Courts in many Texas counties cannot.

Gov’t Code 25.0171(c); 25.0173(a), (o), (p).

Affidavits of Heirship Are Different

The word heirship is used for two different things. An affidavit of heirship is a sworn statement signed by people who knew the family and filed in the county property records, with no judge involved; a title company or bank then decides whether to accept it. A proceeding to declare heirship is a court case, with parties, citation, evidence, and a judgment saying who the heirs are and what each takes.

We do not prepare affidavits of heirship and we do not take uncontested filings. Another firm can handle that work for less. The rest of this page covers contested proceedings, where family members disagree and a judge decides.

What the Application Must Include

Estates Code 202.005 sets out what an application to determine heirship must state, and the requirements are stricter than many families expect:

• the decedent’s name, and the date and place of death
• the name and a physical address where service can be had for each heir
• how each heir is related to the decedent
• whether each heir is an adult or a minor
• the true interest each person has in the estate

Section 202.008 then requires that all of those heirs be made parties. Most heirship contests start with these two sections. An application that guesses at an address, leaves a relationship unclear, or leaves someone out can be challenged, and the challenge often comes late, sometimes when a buyer or lender reviews the file.

How Heirship Cases Become Contested

An Heir Left Off the Application

This might be a half sibling in another state, a cousin who inherits through a parent who died first, or a child the family never talked about. Whether the omission was an honest mistake or not, 202.008 requires that person to be made a party, and adding them changes everyone else’s share.

A Claimed Common-Law Marriage

Someone comes forward as the surviving spouse although there was no ceremony and no license. Proving the marriage depends on everyday evidence, such as how taxes were filed, whose name was on a lease, and how the two introduced each other. The witnesses who know the most about the relationship are often the relatives whose shares would shrink if the marriage is proved.

Children From Another Relationship

A child from an earlier marriage, or from outside a marriage, surfaces after the death. These cases usually involve two disputes: whether the claimed relationship is real, and how it affects the shares of the children the family already knew about.

The Attorney Ad Litem

In a proceeding to declare heirship, the court shall appoint an attorney ad litem to represent heirs whose names or locations are unknown. Estates Code 202.009(a) makes the appointment mandatory, so no one has to ask for it. Under 202.009(b) it can be extended to an heir who is incapacitated.

The ad litem represents heirs who are not present. Expect that lawyer to question the family, ask for documents, and tell the court when an application is weak. That helps if you were left off the list. It is also one reason contested heirship cases often take more than a year.

Estates Code 202.009(a), (b).

You Need a Lawyer to Represent Another Heir

Rule 3.2(a) of the Bexar County probate courts’ local rules, approved September 25, 2026, says an individual must be represented by an attorney when representing a third party such as a beneficiary, heir or creditor, and when applying to serve as administrator. Under Rule 3.2(b), the clerk will accept the filing, but the court will not act on it until an attorney appears.

How a Contested Heirship Case Proceeds

1. Application and parties. The application includes everything 202.005 requires, and every heir is made a party under 202.008.
2. Citation and the ad litem. Heirs are served. Where names or locations are unknown, the court appoints the attorney ad litem under 202.009(a).
3. The matter becomes contested. Under local Rule 6.1(a), filing a contest or written opposition makes the matter contested on its own, and the court may set a scheduling conference.
4. Mediation. Rule 6.2(b): except for good cause shown, the court will generally require mediation before a contested matter is set for final trial, and 6.2(e) requires the parties and lead counsel to attend with someone present who holds full settlement authority.
5. Trial. Estates Code 55.002 gives a party in a contested probate proceeding the right to a jury trial as in other civil actions. Rule 6.3(a) requires the jury demand and fee at least thirty days before the non-jury trial setting.