Published 11/23/2020 by Shane Kersh

Understanding Muniment of Title in Texas

What is it?  A Muniment of Title is a legal term for a document, title, deed, or other evidence that indicates ownership of an asset.

In Texas, a court may admit a Will to probate as a muniment of title if the court is satisfied that the Will should be admitted to probate and the court:(1) is satisfied that the testator's

estate does not owe an unpaid debt, other than any debt secured by a lien on real estate; or (2) finds for another reason that there is no necessity for administration of the estate.

Why would I want to go this route?

• Avoid the formal process of an administration (no executor or administrator necessary)
• No debts to pay
• Only need to change title of property over to the beneficiaries named in the Will

The Process

1. You and your attorney will determine if your case qualifies for this proceeding.
2. If your case qualifies, your attorney will file the original Will, along with an Application to Admit the Will to Probate as a Muniment of Title with the county clerk.
3. Wait for the "Notice Period" to expire, which is the Monday after the expiration of 10 days after filing of the Application.
4. Schedule a hearing with the court.
5. Attend the hearing where the judge signs the Order Admitting the Will to Probate as a Muniment of Title.
6. Order certified copies of (1) the admitted Will and (2) the Order Admitting the Will.
7. If real property in the Estate: File a certified copy of the Will and the Order Admitting the Will in the real property records of each county where Decedent owned property.
8. Other property: Present a certified copy of the Will and the Order Admitting the Will to any entity holding property belonging to the Estate.
9. Lastly, a report may need to be filed with the court before 180 days (see below).

Ensuring entities accept your certified copies…this is what the law says:

• An order admitting a Will to probate as a muniment of title constitutes sufficient legal authority for each person who owes money to the testator's estate, has custody of property, acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, or purchases from or otherwise deals with the estate, to pay or transfer without administration the applicable asset without liability to a person described in the will as entitled to receive the asset.
• A person who is entitled to property under the provisions of a will admitted to probate as a muniment of title is entitled to deal with and treat the property in the same manner as if the record of title to the property was vested in the person's name.

Any other business with the court? Maybe!

Not later than the 180th day after the date a Will is admitted to probate as a muniment of title, the applicant for the probate of the Will shall file with the court clerk a sworn affidavit 

stating specifically the terms of the Will that have been fulfilled and the terms that have not been fulfilled. Your attorney will know if you will be required to do this or not.

At the Kersh Law Firm, we are always striving to be the best probate attorney we can for our clients.  If you have any questions, please give us a call.  We would love to hear from you.

Published 11/23/2020 by Shane Kersh