Glossary
The following denitions are from multiple sources and are not specic to any particular state statute.
Of course, any statutory denitions (terms dened in the laws of a particular state) would overrule these
denitions in any legal proceeding.
Ad litem attorney
An attorney appointed by a court in a
Determination of Heirship procedure
(see denition below) to represent the
interests of unknown heirs. This person
reviews the application to the court and
conducts an independent investigation
of the decedent’s family history to
make sure no heirs are left out of the
proceeding.
Adverse possession
A legal doctrine that describes when
someone occupies property for a period
of time and then claims legal rights to it.
Ancestor
A person from whom someone is
descended; a direct blood relative.
Clearing title
The legal process of proving and
obtaining a deed for the current owners
of heirs’ property.
Community Property
Property, other than separate property
(see denition below), acquired by
either spouse during marriage. All
community property is held by both
spouses equally with an undivided
interest. In Texas, there is a presumption
that property owned by either spouse
is community property unless there is
clear and convincing evidence that it is
separate property.
Condemnation/eminent domain
The right of a government or its agent
to take private property for a public
purpose, with compensation to the
property owner (such as a public utility
taking land so they can build power
lines).
Co-tenants
Those who own heirs’ property with
others. In a partition action under the
Uniform Partition of Heirs Property Act,
the co-tenants are all the co-owners of
heirs’ property, regardless of the size of
the fractional interest owned. See the
denition of tenants in common, below.
Decedent
A person who has died; decedent is also
often referred to as “the deceased.”
Deed
A legal document, usually recorded in
the ofce of a town or county that keeps
land records, often used to show the
legal owner(s) of a piece of property.
Descendant
A person related to someone who
has died, either directly (parent, child,
grandchild) or indirectly (aunts and
uncles, cousins). This includes anyone
legally adopted.
Determination of heirship
procedure
A court procedure in which the court
declares the identities of a decedent’s
heirs and the heirs’ interests in property.
Estate
The real property (land and buildings)
and personal property (clothing,
furniture, cars, and so on) of a person
who has died. In probate settings, the
“estate” includes the total assets (things
one owns) and liabilities (debts) of a
person who has died.
Heirs
People who are entitled under state
“intestate” law to inherit property from
someone who has died.
Intestate
A person dies “intestate” when they die
without a valid will.
Intestate real estate
Land and other property (such as
houses or buildings) owned by the
decedent when they died and not
addressed in a will, and which does not
pass to anyone based on language
in the deed itself (such as a joint
survivorship clause).
Intestate succession
State laws addressing who inherits
property from someone who dies
without a will (or when a will is found to
be invalid), or any property that was not
included in the decedent’s will.
Joint tenants
Two or more owners of equal shares
of property who have a right of
survivorship, meaning that if one joint
tenant dies their share goes to the other
joint tenant(s) in equal shares.
Life estate
Ownership of real property (house,
building, land) for a person’s lifetime.
Once the person dies, the property
transfers to someone else designated
by whoever granted the life estate.
Probate
The legal process of proving the validity
of a will in court, and handling the
estate of a decedent whether there is a
will or not.
Separate property
Property owned by either spouse before
marriage, and property acquired by
either spouse during marriage as a gift
or inheritance.
Tax lien
A state or local government’s right to
keep real estate for payment of some
debt or obligation.
Tax sale
A legal process used by a county
or town to take the property of a
landowner who has not paid their
property taxes in full and sell it to
recover the unpaid taxes.
Tenants in common
People who each own an individual,
undivided interest in property (also
known as “co-tenants”), but not
necessarily equal interests. See the
denition of co-tenants, above.
Testate
A person dies “testate” when they have
a valid will.
Title
Refers to ownership rights in land. As a
legal concept, title exists even without
any documents, but a deed is the most
common way to determine who has title
in land. (See denition of deed, above.)
Sometimes a will or an afdavit may be
used to document ownership rights.
Undivided interest
An interest in property that is held
in common with others in a single
property. These interests can be
unequal; that is, the value of each
interest can vary.
HEIRS’ PROPERTY: Understanding the Legal Issues in Texas | 12