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.
Sharpe Law Group
6688 N. Central Expy, Suite 450
Dallas, Texas 75206