Probate as Muniment of Title only is a uniquely Texas probate procedure. We often tell clients that this is the first and last time they will ever hear that word, muniment. Muniment essentially means “evidence of”. The process of probating a Will as muniment of title just means we are using the Will as evidence of title. Probate as muniment of title is a viable option in some cases, but not for others.
It is similar to what we refer to as “regular” Texas probate, but it has several key differences.
Muniment of Title process in Texas:
- File an application to probate the Will as Muniment of Title only.
- File the original Will with the clerk.
- Note: we can probate a copy, but it will be more burdensome than the original.
- Judge will have a hearing to determine the validity of the Will and admit the Will. The process is generally finished here.
- If there is real property in other counties, then certified copies of the Order Admitting the Will to Probate and the Will will need to be filed in the real property records of the other counties.
Requirements for Probate as Muniment of Title:
- The decedent (legal term for deceased person) must have left a Will.
- There can be no debts other than those secured by real property.
- If the decedent received Medicaid (NOT Medicare) benefits, we will have to settle those claims prior to a probate as Muniment of Title.
- No administration of the decedent’s estate is needed.
Benefits of Probate as Muniment of Title:
- One of the fastest ways to complete probate, generally can complete from start to finish in about 6 weeks in Harris County.
- Simplified process compared to “regular” Texas probate.
- Cheap than most other forms of Texas probate.
- Ideal situation when assets are simple and there are a few beneficiaries.
Limitations of Probate as Muniment of Title:
- Strict compliance with the requirements above.
- No Personal Representative (also called executor or administrator) will be appointed.
- Since this is a Texas-specific procedure, some out-of-state financial institutions may be reluctant to easily comply.
If you’d like to read more about the law on Small Estate Affidavits, please see Texas Estates Code Chapter 257.
Contact Norris Golubovic, PLLC For A Complimentary Post-Death Estate Review
If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced Harris County probate attorneys at 713-955-4501 or use this link to schedule a complimentary 15-minute consultation to help determine your next best steps. We are here in service to making this all as easy as possible on you.
During this appointment, we will answer all of your questions about probate and guide you and your family through the next best steps. We are committed to helping you administer your loved one’s estate as quickly and efficiently as possible, and look forward to relieving any administrative or legal burdens you may face during this time of loss.