Real Estate Attorney – Located in San Antonio Texas
JD GARZA
JD GARZA
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Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Dan Diaz
Dan Diaz
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Excellent atty. Highly recommendable. Quick & knowledgable.
Larry Offutt
Larry Offutt
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I have used the firm in both purchasing & sell transactions. each time was a pleasure.

Affidavit of heirship

An affidavit of heirship can be used when someone dies without a will, and the estate mostly consists of real property titled in the deceased’s name. The affidavit is filed or recorded with deed records in the county where the decedent’s real property is located. It does not transfer title to real property. For an affidavit of heirship, it is required to know all information including: dates of birth, dates of marriages, dates of divorces, and all children’s names and birthdays. To confirm the truth of the document, you need two living witnesses who will not benefit financially from the estate. An affidavit of heirship is easier than going through the court process, but it only applies to land/real estate property. It does not cure or determine beneficiaries to bank accounts or other assets. Many people consider this affidavit to prevent probate to save money. When someone dies, it is easier to cooperate with family and agree how the estate and assets will be allocated; rather than incurring court costs and going through a lengthy probate. Price: $500 (Setup an appointment here)

In this video:

  • What is an Affidavit of Heirship? 
  • How long does the process take?  

Table of Contents

Avoiding Court Costs For Your Loved Ones

antique binocularsAn affidavit of heirship is easier than going through the court process, but it only applies to land/real estate property. It does not cure or determine beneficiaries to bank accounts or other assets. Many people consider this affidavit to prevent probate to save money. When someone dies, it is easier to cooperate with family and agree how the estate and assets will be allocated; rather than incurring court costs and going through a lengthy probate.

An affidavit of heirship can be a streamlined process with cooperation from all the parties who are trying to complete the affidavit. State law requires accurate information about the deceased and witnesses to complete.

To transfer property, a deed still needs to be recorded once an affidavit of heirship is complete. At this point, siblings may agree to give one party the property. They may pay to waive their rights to the property. For example, if there are five siblings on a title, then issues arise like who pays the taxes, the bills, upkeep, and cleanup? In these situations, it is hard to determine who should benefit in the sale of the home.

Can anyone file an affidavit of heirship?

When the deceased leaves behind real property, an affidavit of heirship can be used to transfer the deceased’s interest in real property to their heirs. An affidavit of heirship is used when the deceased did not leave a will. Usually, it is the heirs that file the affidavit.

FAQ

No, an affidavit of heirship is only done when there is no will present.

In Texas, the spouse and children inherit first. Then further and more distant family members can inherit.

No, an affidavit of heirship is for property transfer only.

View Other Types of Probate & Estate Planning Transactions

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
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Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.  Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 
Michael Eronini
Michael Eronini
Read More
Victor has closed a bunch transactions for us. Very knowledgeable & efficient!
Mandy Molina
Mandy Molina
Read More
Mr. Maas is extremely professional & makes the process quick & painless. Thank you for helping me today. You're a blessing.
Alfredo Ibarra
Alfredo Ibarra
Read More
This lawyer knows his stuff & doesn’t back down from a fight!
JD GARZA
JD GARZA
Read More
Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.
Previous
Next

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call. 

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient. 

Contact

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Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

Contact

Fields marked with an * are required

Directions

Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230

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