Affidavit Of Heirship

a stack of papers on a table covered in a red cloth. the top paper says "affidavit" at the top

Secure Your Heirship Rights

An affidavit of heirship is a legal document used to establish the heirs of a deceased person when no will is present, simplifying the transfer of property to those heirs. In Texas, this document helps determine rightful ownership of the deceased’s assets without going through probate. Dan Burke Attorney at Law is here to walk you through the specifics.

Affidavit Of Heirship Explained

What is an affidavit of heirship? An affidavit of heirship is a sworn statement used to identify the heirs of a deceased person. It lists the deceased’s family members and their respective rights to the deceased’s estate.

This document is often used when the deceased did not leave a will (intestate) and helps transfer property titles to rightful heirs without the need for a lengthy probate process, similar to a transfer on death deed.

Affidavit Of Heirship In Texas

In Texas, the affidavit of heirship is a common method to transfer property — particularly real estate — when the deceased did not leave a will. It simplifies the process by providing a straightforward way to establish ownership, making it easier for heirs to manage and distribute the estate.

Texas Affidavit Of Heirship Form

The Texas affidavit of heirship form is a specific document that must be completed and notarized. It typically includes details such as:

  • • The deceased’s full name and date of death.
  • • A list of all known heirs, including their relationship to the deceased.
  • • A description of the property to be transferred.


The completed form must then be filed with the county clerk’s office in the county where the property is located. This ensures the legal transfer of property to the rightful heirs, simplifying the process and avoiding the need for probate.

When Professional Legal Guidance Is Needed

At Dan Burke Law, we provide comprehensive assistance in preparing and filing affidavits of heirship, ensuring all legal requirements are met. We aim to streamline the process and help our clients navigate through difficult times.

Consultation And Assessment

We start with an in-depth consultation to understand your specific situation and gather necessary information about the deceased and their potential heirs.

Document Preparation

Our legal team prepares the affidavit of heirship form, ensuring all details are accurately captured and the document complies with Texas law.

Notarization And Filing

We assist in getting the affidavit notarized and properly filed with the county clerk’s office where the property is located, ensuring a smooth transfer of ownership.

Advantages Of An Affidavit Of Heirship

Using an affidavit of heirship offers several key advantages. First, it significantly speeds up the process of transferring property, allowing heirs to bypass the lengthy probate court proceedings. This method is also cost-effective, as it saves on legal fees and court costs associated with probate.

Additionally, the process is straightforward, simplifying the settlement of the deceased’s affairs. Families can manage property transfers more easily without the burden of extensive legal procedures, providing a more efficient and less stressful resolution during a difficult time.

Why Choose Dan Burke Law?

With years of experience helping San Antonio business owners and individuals, Dan Burke Law offers expertise and personalized service to help you navigate the complexities of estate administration. We understand the emotional and legal challenges you face and are here to provide compassionate and knowledgeable support every step of the way.

Begin Your Heirship Process Today

If you need assistance with an affidavit of heirship in Texas, contact Dan Burke Law today to schedule a free consultation. We’re here to help you manage the process efficiently and effectively, ensuring a seamless transfer of property to rightful heirs.