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Christian Peterson, Attorney At Law

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. Click here for more details.

Helping Families With Estate Planning In Pearland And The Surrounding Communities

Attorneys at Carrie Kemper Allen, PLLC

Probating a will as a muniment of title

On Behalf of | Sep 23, 2022 | Estate Planning

The loss of a family member is always difficult, especially when there are legal matters to consider on top of your grief. When dealing with the loss of a loved one, the prospect of navigating the probate process may fill you with dread.

Most Texas estates must go through probate, but how complicated the process is depends on the circumstances. If your loved one’s estate meets the requirements, you may be able to file for a muniment of title, which can streamline the probate process.

How does muniment of title work?

Muniment of title is a simplified version of probate. The court recognizes the validity of the will and authorizes the transfer of assets to the beneficiaries named in the will. Essentially, the will itself establishes the beneficiaries’ ownership of the property.

What estates qualify for a muniment of title?

In order for a will to be admissible to probate as a muniment of title, the court must first determine that the will is valid. You must affirm that the decedent does not have any outstanding debts other than a mortgage.

Muniment of title is appropriate for estates consisting of real property and cash assets. If there are assets that an executor needs to handle, such as stocks and bonds, then a muniment of title may not be appropriate.

Not all estates require a lengthy, expensive probate process. Probating your loved one’s estate as a muniment of title can help your family get through the probate process quickly and with less stress than traditional probate.