Determination of Heirship Statute of Limitations
Notwithstanding Section 16.051 (Residual Limitations Period), Civil Practice and Remedies Code, a proceeding to declare heirship of a decedent may be brought at any time after the decedent’s death.
The residual four-year statute of limitations does not apply in cases where the decedent passed away on or after January 1, 2014. The Texas Estates Code allows an heirship proceeding to be filed at any point in time after the person’s death. Tex. Est. Code Ann. § 202.0025.
While this law is not new, there was a case decided in 2020 which brought up the question of Statute of Limitations in Determination of Heirship Proceedings (Estate of Trickett No. 13-19-00154-CV, 2020 WL 2487564 (Tex. App.—Corpus Christi-Edinburg May 14, 2020, no pet. h.).
