Probate - Determination of Heirship

A Determination of Heirship is simply an action filed in a probate court, usually along with an Application for Administration, to have the court determine who the heirs of an estate are and to issue an order that all heirs have been identified. Since these cases are typically filed where an individual has failed to leave behind a Will or Trust identifying their family or heirs, the court must make that determination for them. The court will order the appointment of an attorney ad litem to represent the “unknown heirs” whose job is to look for and identify unidentified heirs for the court and the administrator appointed to handle the affairs of the deceased individual’s estate.