Muniment Of Title Texas
A muniment of title is a procedure used in place of full estate administration, but in this procedure there is no appointment of an administrator or an executor of the estate. A muniment of title simply allows a deceased person’s last will and testament to be treated as proof of title to property. This means that the estate passes directly to named beneficiaries in the will. A muniment of title is an in-Texas-only legal procedure, which exists to make probate easier, faster, and cheaper compared to other procedures in other states. Make sure you speak to a Texas estate planning attorney if you lost a family member and want to handle the probate process correctly.
Probating A Will Through Muniment Of Title
For the muniment of title procedure to run seamlessly, the will must be valid. In other words, the court must recognize the will as the deceased person’s last will and testament before the court approves a request to probate a will through muniment of title. A request to probate a will through muniment of title can also be approved by a court if there are no unpaid debts of the estate except secured mortgages or liens. Another situation where a court may approve the procedure is when the court decides not to proceed with a full administration of the estate for other reasons.
But when the deceased person’s bank account does not have a pay on death or right of survivorship designation, probating a will through muniment of title can become impractical. A similar situation is when brokerage accounts of the deceased person do not have beneficiary designations. What makes probating a will complicated in these situations is that brokerage firms and national banks may not follow Texas state law.
Should You Use Muniment Of Title To Probate A Will
Since using a muniment of title to probate a will is not appropriate in all situations, you should contact a Texas estate planning lawyer for advice. Generally, you may consider using a muniment of title to probate a will for the following reasons:
- You want a probate procedure that can take less than 30 days from start to finish
- You want to save the estate money by not sending certain notices that are required in a regular probate process
- You do not want the court to manage the estate but instead want the assets, family heirlooms, houses, stocks and other personal effects passed directly to the beneficiaries named in the will
Your lawyer can help you ensure that you follow all the strict procedural requirements for probating a will through a muniment of title procedure. You should also be aware that a probate court can only rule on property of the deceased that is within the court’s jurisdiction. That is why in most cases a muniment of title procedure is not appropriate for situations where vast wealth spread out in different states is involved. Your lawyer will look into your case and advise you on the right path to take.
