Determination of Heirship

What is "determination of heirship"?

A Determination of Heirship is required by a probate court in circumstances when a deceased person dies without a will, or in circumstances where the will must make distributions to "heirs at law," or in circumstances where the will must make distributions to a class of people not identified by name in the will.
 
This proceeding is separate from the application to probate a will or the application to administer an estate of a deceased person who died without a will, but it may be held at one hearing.  The court will appoint an attorney ad litem to represent the interests of all unknown heirs, and the court will order that such attorney be paid a fee for their services.  The attorney ad litem cannot not be the same attorney who will probate the will or the estate of an intestate person.