WILLS PROBATE FAQs

So what exactly is a will anyway?

A will is a legal affirmation where a person transfers property at death. What makes a will a will is that it must meet the requirements and guidelines of the Texas Estates Code.

What does “probate” mean?

Probate is rooted in the Latin word for “to prove,” which is “probare.”

What exactly is being proved by probate?

Specifically, you are proving that:

1. The Will was signed

2. The Will is the most current Will of the maker

3. The maker was legally competent to make a Will, that is, the maker was:

     a. A person with a sound, healthy mind

     b. A person who has reached 18 years of age

4. The Will was made under legally abiding circumstances and was:

     a. Witnessed by at least two capable witnesses, both of who communicated their names to the Will while in the presence of the maker

     b. Not made by restraint or force, fraud, undue influence, or forgery

What would a person need in order to probate a will?

You need an experienced wills and probate attorney to offer the will to the Court. For legal assistance, our wills and probate attorneys are available to help you when you need to probate a will.

Is an attorney required for me to probate a will?

Only a licensed attorney is allowed to represent a third person or entity in a court proceeding in Texas. The applicant has to be a licensed and qualified attorney, or the Court will not allow filing an application to probate a will.

How long is the window to probate a will?

It is typical for a probate application to be filed within the timeframe of approximately four years, beginning from the decedent’s date of expiration.

Who is permitted to draw up my will?

Just about any individual can create a will, but it’s all for naught unless you sign it in front of two independent witnesses. Remember, you are not allowed to name anyone in your will as a beneficiary.

When can anyone contest a will?

You have the ability to probate a will at any time after the will is offered, and up to within a two-year range after it is probated.

Why would someone need executors?

It is the responsibility of executors to handle all of your estate’s affairs as you explained. This can often involve handling large sums of money. If you have young kids, it might be wise to assign separate executors and guardians. That way, your monetary inheritance is separated from the health and welfare of your dependents. Because it is possible that you may die together, it is imperative that you never choose your spouse as your only executor.

Why is a letter of testamentary significant in the probate process?

A letter of testamentary appoints an individual as executor and gives them the authority to administer the estate. For example, banks and other financial institutions usually require letters of testamentary plus a death certificate prior to releasing funds from the account of a person who has passed. In order to receive a letter of testamentary, an experienced wills and probate attorney must file an application. For help with these matters, Arguello Law Firm employs a number of experienced wills and probate lawyers that will put you on the right path to receiving your letter of testamentary.