Q: In Texas probate (heirship determination), is a Motion to Appoint an Ad Litem required for the judge to appoint one?
Is the heir's attorney required to file a motion in order to get the appointment of the Ad Litem, or does the judge automatically appoint one? There was no will in place.
A: Yes, in Texas, if you die without a Will, an Attorney Ad Litem (AAL) is required to be appointed by the Judge. The AAL's job is to represent any unknown or incapacitated heirs. The AAL will research the decedent's personal and family history and speak with family and at least 2 disinterested witnesses to find any unknown heirs. The AAL reports his/her findings back to the Judge at the hearing.
A: (continued:) The attorney must file a motion and an order to get the AAL appointed; the Court does not automatically appoint the AAL.
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