Are we related?
Proof by Genetic Testing: Texas Heirships
In 2007 the Estates code was amended to authorize the use of genetic testing in heirship proceedings. Texas Estates Code §204.001provides for a petition for a right of inheritance and the use of genetic testing to be brought in the probate court without the necessity of instituting a Uniform Parentage Act proceeding under Texas Family Code §160.
In a proceeding to declare heirship under Chapter 202, the court may, on the court's own motion, and shall, on the request of a party to the proceeding, order one or more specified individuals to submit to genetic testing as provided by Subchapter F, Chapter 160, Family Code.
On good cause shown, the court may order:
(1) genetic testing of a deceased individual under this subchapter; and
(2) if necessary, removal of the remains of the deceased individual as provided by Section 711.004, Health and Safety Code, for that testing.
Texas Estates Code § 204. 151.applies in a proceeding to declare heirship of a decedent only with respect to an individual who claims to be a biological child of the decedent or claims to inherit through a biological child of the decedent.
The presumption under Section 160.505, Family Code, that applies in establishing a parent-child relationship also applies in determining heirship in the probate court using the results of genetic testing ordered with respect to an individual described by Section 204.151, and the presumption may be rebutted in the same manner provided by Section 160.505, Family Code.
