Matter of Estate of Casares, 556 S.W.3d 913 (Tex. App.—El Paso 2018, no pet.).

Estate Administration

Determination of Heirship


The court granted a motion to determine heirship and that administration of the decedent’s estate was unnecessary. The decedent’s neighbor then filed a claim against the decedent’s estate for damages incurred because the decedent’ estate had not been administered in a timely fashion; the decedent had died over ten years prior. For example, the claimant had to remove trash and weeds from the property and was bothered by pigeons, bees, and hornets.


The court affirmed the determination of heirship because the decedent’s neighbor lacked standing as he was not an “interested person” under Estates Code § 22.018. The decedent’s neighbor did not have a claim that was against an estate being administered because the estate was not under administration. In addition, the neighbor’s claim is not against the estate because the damage was alleged to occur after the decedent’s death.


Moral:  A person in the decedent’s neighbor’s position needs to seek other remedies for problems caused by estate property not being maintained properly.