What is a muniment of title?

Probate Lawyer

Generally, a Will is probated using an application to probate Will. However, when there are no debts of the estate, or if all of the debts of the estate are paid by way of a family settlement agreement, then a Will can be probated as a muniment of title. A muniment of title is a document used to show an asset’s legal ownership. A muniment of title must be filed by the executor listed on the Will. The executor must file a muniment of title at the time of filing the application to probate the Will. If you’re going through probate, you may be asking “who is the best probate lawyer in Dallas, TX?” We can help.

Requirements for probating a Will as muniment of title: To probate a Will as muniment of title, a certain set of facts have to be present.

  1. There must not be any debts on the estate, except the debt secured by a lien on the real estate. This type of debt is generally a mortgage.
  2. There must be a will present.
  3. All the real property has to be located in Texas, which will give probate courts in Texas jurisdiction over the property.
  4. Citations on beneficiaries will be required to be served and returned.
  5. An administration of the estate is not required.
  6. An application will be required to be filed with the Court
  7. The application requires the information of the applicant (named executor). His/her name, address, last three digits of driver’s license number and social security number.
  8. The decedent’s name, address, age and date of death is also required on the application.
  9. The facts surrounding his death, date and place of death is required to be listed on the application to establish venue.
  10. A list of decedent’s property, general description, and value of the property is required to be listed.
  11. The date the will was executed must be on the application.
  12. The information on beneficiaries to the will, the executor of the will, and any witnesses to the will have to be listed on the application.

Advantages of Probating a Will as muniment of title:

  1. It is much quicker.
  2. An administration of the estate is not required.
  3. Cost-Effective.
  4. The process works best with real property in the estate.

Disadvantages of Probating a Will as muniment of title:

  1. It may not be accepted as proper form of legal document to show ownership. Banks, title companies may reject to rely on a muniment of title to transfer legal ownership to a beneficiary of the estate.
  2. Process may not be used for bank accounts, or similar property.
  3. If additional fact that arise after the Will is probated as a muniment of title, an administration of the Will may be necessary. This new information may include newly discovered debt, or property.

To determine if you can probate the Will as a muniment of title, please contact the experienced probate attorneys at the Brandy Austin Law Firm. We provide a remarkable representation.

 


 

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