If an estate is eligible for a Muniment of Title in lieu of traditional probate, you may be able to save considerable time and money in administering the estate.
Muniment of Title is an alternative to a full probate proceeding where a Will, once proven-up and filed, becomes a link in the chain of title.
Muniment of Title is allowed when someone dies with a valid Will and has no debts, other than a mortgage.
If someone dies with a valid Will, no unpaid debts (other than a mortgage), and the only probate assets are real property in Texas, using Muniment of Title will accomplish decedent’s wishes of transferring property ownership to his or her beneficiaries without a full probate proceeding.
Muniment of Title is allowed when someone dies with a valid Will and has no debts, other than a mortgage.
A deed is a direct instrument used for the transfer of property ownership, often in the context of a sale, while a Muniment of Title is a legal process, specific to certain jurisdictions, used to streamline the transfer of real property upon the death of the property owner without going through a full probate administration. The Muniment of Title relies on a court order, rather than a traditional deed, to effect the transfer of ownership.
Muniment of Title is a condensed version of a traditional probate. Although it is still a court proceeding requiring legal representation, no executor is appointed and after the hearing, there are no additional filings required.
To probate a Will as Muniment of Title, you must first prepare an application and file it with the court along with the Will. Once the application is received, a hearing will be conducted before a court during which time you must establish the validity of the decedent’s Will and prove there are no unpaid debts.
Although it is a simpler process than traditional probate, Texas courts require that you are represented by an attorney when probating a Will as a Muniment of Title.
Call us at (214) 742-6065 to find out if a skilled probate attorney for a muniment of title is right for you. Our Dallas and Plano probate attorneys can assess your circumstances and recommend the best path forward.
