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What Is the Muniment of Title probate in Texas?

Having a will probated as a Muniment of Title can allow an estate avoid the full process of probate, read on to learn more!

Muniment of titles probate Texas

There are different ways to probate a Will in Texas, and one little known option that is unique to the state of Texas is the Muniment of Title. If you are administering a small estate with no debt, a few assets, and no listed executor in the will - this allows you (the applicant) to avoid going through full probate.

Probate of a will as a muniment of title in Texas is a simpler method to verify the Will's validity of a simple estate and pass titles and ownership quicker to the intended beneficiaries.

What are the requirements to be authorized probate of a will as a muniment of title?

The probate courts will authorize muniment of titles only if:

  • If the estate had NO debts
  • If the estate had NO listed executor or executrix
  • If the courts see there is no reason for administration of the estate.

How to apply for muniment of titles probate?

To apply for a muniment of titles of probate, an heir or beneficiary must file an application in the probate court in the county where the deceased resided. The court then needs to rule that there is a valid will that is admissible to probate.

Unlike in standard probate, the court must find that there are no outstanding debts, such as credit cards, hospital bills or loans, with the exception of mortgages on real estate. Once this has been ascertained, the court will find that there is no need to proceed with full probate.

What to include on your application?

The application may differ from county to county, so we suggest that you check the application guidelines in your county you are applying for.

Here are some local probate county courts for more information:

Harris County - https://probatecrt4.harriscoun...

Denton County -

But here are the most common things that should be included in your application:

  • The applicant's name and place of residence.
  • The testator's name, place of residence, and, if known, age at death.
  • The fact, time, and place of the testator’s death.
  • Documents showing that the testator did own the property, and a statement with estimated values of the property owned.
  • The date of the Will.
  • The name and residence of the witnesses to the will.
  • List the names of the testator's children.
  • In the event that a testator's marriage was ever terminated after he or she wrote the Will, whether it occurred before or after his death, and from whom.
  • Proof that the testators estate had no outstanding debt, including payments to medicaid.
  • The court where the application is filed has the authority to hear the case.

The court will grant the will muniment of title if they have been given enough evidence that the estate has no further debt, or that the estate does not require any further estate administration.

How Does a Muniment of Titles of Probate Help?

A muniment of titles of probate helps by reducing the amount of time spent in probate, usually to less than 60 days. Additionally, it can clear up problems that arise if there is no executor named or if the executor is no longer available.

However, it does come with stringent requirements and should only be entered into if the estate is small and very simple.

The Will itself identifies the estate's assets' rightful owner. The probate court's decision to admit the Will to probate as a muniment of title validly transfers ownership.

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