In re Estate of Morales, 345 S.W.3d 781 (Tex. App.—El Paso 2011, no pet.).
After Intestate died, Alleged Widow filed an application to determine
heirship. Son claimed she had no interest in Intestate’s estate because
they had been divorced for over twenty years. The probate court found
that they were indeed divorced and Alleged Widow appealed.
The appellate court determined it lacked jurisdiction because the
probate court’s order was not final. The court had not yet determined
Intestate’s heirs or resolved other issues pending in the case.
Moral: A person who wishes to appeal a case which is not yet final
should seek a partition order if the person wishes to appeal sooner than
the case’s normal termination.