Transfer Property Without Going to Court
When a loved one passes away, one of the most common concerns is: "How do we get the house into our name?" If there was no will and the estate is relatively straightforward, an Affidavit of Heirship may be the simplest and most affordable answer.
An Affidavit of Heirship is a sworn document that identifies who the legal heirs are and establishes their right to inherit property — without ever stepping into a courtroom. It is particularly useful for transferring real estate, though it can also help with vehicles, bank accounts, and other assets depending on the institution's requirements.
Here is how it works: a person who knew the deceased and their family — but is not an heir — signs a sworn affidavit describing the family relationships, confirming there was no will, and identifying all the legal heirs. This affidavit is then recorded in the county deed records where the property is located, effectively establishing a chain of title.
This is a tool that families in San Antonio have used for generations to pass property from one generation to the next.
Who Needs an Affidavit of Heirship?
- No will was left behind — Your loved one passed away without a will, and you need to establish who the legal heirs are.
- Real estate to transfer — There is a house, land, or other real property that needs to be transferred into the heirs' names.
- Want to avoid court — You prefer to handle the property transfer without the time and expense of a full probate court proceeding.
- Clear family situation — The family relationships are straightforward and there are no disputes about who should inherit.
How It Works
- Gather Information — We collect details about the deceased, their family members, the property, and identify a qualified person to serve as the affiant.
- Prepare and Sign — We draft the affidavit with all the legally required information. The affiant and witnesses sign before a notary public.
- Record the Document — We file the affidavit in the county deed records. After recording, the document establishes the chain of title for the property.
Transparent Pricing
Our flat fee starts at $1,000 and includes the consultation, affidavit preparation, notarization coordination, and county recording.