Probating a Will as a Muniment of Title

Texas law allows for a unique form of probate that is very helpful in certain circumstances. This process is known as the probate of a Will as a Muniment of Title. It is allowed in cases where there are no debts, no need to appoint an executor, and the only reason to probate the Will is in order to clear title to property. There is no requirement to notice creditors or file an estate inventory.

The process involves submitting an Application to Probate the Will as a Muniment of Title, waiting the two weeks for notice to be posted at the Courthouse, then proving up the Will. This may be accomplished in one simple hearing and the result is a Court Order Admitting the Will to Probate as a Muniment of Title. Once granted, a certified copy of this order, combined with a certified copy of the Will, essentially acts as a new deed to real estate.

This stream lined process works even after the normal four year window to probate a Will has passed. Of course there are some rules.

  1. The Decedent must have left a valid will that transfers title to real property located in Texas.
  2. The estate must have no outstanding debts other than those secured those secured by the real property that is being transferred by the Will.
  3. There must otherwise be no need for and estate Administration.

If you would like to learn more about how to Probate a Will as a Muniment of Title contact The Law Office of Jeramie Gertz, PLLC to schedule a consultation at (210) 807-4444.

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