Texas Probate as a
Muniment of Title
Overview of Texas Probate as a Muniment of Title
Texas law allows for many different types of probate. One of the easiest and quickest ways to probate a Texas estate is through a muniment of title. A muniment of title allows the applicant to transfer the estate property to the beneficiary named under the Will. Not all estates qualify to be probated as a muniment of title, nor should all estates that qualify choose to probate as a muniment of title.
How do you probate as a muniment of title?
To probate an estate as a muniment of title under Texas law, you must first determine that the deceased left a will. After locating the will, your attorney will file an application to probate as a muniment of title if it is a good fit based on the facts of your case. To qualify to file probate as a muniment of title, the estate cannot have any debts except mortgages or other liens secured by real property. The court must also find that there is no other reason that the estate needs to proceed with a full estate administration.
How do I get letters of administration or letters testamentary?
When you probate an estate as a muniment of title, there are no letters of administration or letters testamentary issued. Therefore, if you need letters of administration to deal with bank accounts, bonds, life insurance proceeds, retirement accounts, or other securities of the deceased, it is better to not probate as a muniment of title. Likewise, if you have property outside the state of Texas, probating your estate in Texas as a muniment of title is likely not a good fit.
What are my first steps?
You first need to talk with a Texas probate attorney in your area about how your county handles probate as a muniment of title. While it is alluring to probate as a muniment of title because of the ease and expediency, it is not always the correct path to take. Contact ML|MW at (281) 582-1296 and schedule your free and confidential consultation to discuss the specific facts of your probate case and see if probate as a muniment of title is a good option for your loved one’s estate.