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The Law Offices

        Of  Deffenbaugh and Lange P.L.L.C.

140 Heimer Road, Suite 735

San Antonio, TX 78232

(210) 496-0612

(210) 490-8869 fax

P.O. Box 700167

San Antonio, TX 78270

Probate FAQ

Welcome         

What if there is no will?

A person with no will is said to have died intestate. Because there is no will, special laws which exist to determine where his or her property will go, and that may be different from what the deceased person truly wanted.

The purpose of the legal process involved to administer an estate, with or without a will, remains the same: to formally transfer the property of a decedent in a way recognized by law to prevent any future ownership problems.

Why do I need to probate a will, isn’t having a will enough?

When a person dies and leaves behind a will, he or she has expressed his or her wishes to the disposition of his or her property. We call this person a Testator.

The will itself does not pass title or ownership of the Testator’s property. A legal process is necessary to formally recognize the validity of the Testator’s Will.

That process is called Probate.

What is the process of probate?

A will must be filed with the Probate Court and an application must be made to offer the will for Probate. The sooner the will is offered from Probate, the sooner the Testator’s property can be distributed to the beneficiaries. At that time, the Probate Court sets a hearing date and the executor named in the will must appear, take his or her oath, answer questions from the judge, and receive Letters Testamentary.

Why is it important for me to go through the probate process and the executor receive the Letters Testamentary?

The letters give the executor the power to administer the estate of the deceased. The letters also give the Executor the power to clear the title on real estate, cars, mobile homes, or other titled personal property which the Testator owned.

The letters provide a link in the chain of title from the Testator to the beneficiary or buyer of the property if it is to be sold. Without an estate administration, the chain of title to the Testator’s property will have a break which will likely impede any sale of the property presently or in the future.

The formalities involved in the probate process protect the integrity of the process and give title companies and would-be buyers peace of mind when dealing with the executor of an estate. They are willing to transact business with an executor knowing that he or she has undergone a formal legal process and is entitled to administer the property of the Testator.

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