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College Station probate attorneys discuss Texas Muniment of Title process

Posted by Chris Peterson | Aug 03, 2012 | 0 Comments

College Station probate attorneys discuss Texas Muniment of Title process

muniment of titleThe Texas Probate Code outlines the process of probating a will as a Muniment of Title. A Muniment of Title is a scaled down probate proceeding that is available in limited circumstances. The will is still proven valid at a hearing in the probate court, but no executor is appointed. A Muniment of Title proceeding is easier and less expensive than the regular probate process.

When the Muniment of Title Process can be used

The Muniment of Title procedure applies when the decedent left a will. The procedure is available only if the estate has no unpaid debts (other than liens on real estate) and there is no necessity for administration of the estate.

The process

The process is relative simple.  The “requestor” files an application and the original will with the court.  The requestor can be any interested person including the executor named in the will or an heir.  A hearing is held at which a witness attests to the decedent's death, the will is proved, and the judge orders the will admitted into probate.

An order admitting a will to probate as a Muniment of Title is legal authority to all relevant persons that the beneficiary named in the will is entitled to receive the asset in question without any administration. In other words, the order entered by the court functions as legal confirmation, documentation, and notice that the beneficiaries of the decedent's estate are the legal owners of the property.

Muniment of Title process can be used more than four years after death

Even though a will must be filed for probate within four years of the decedent's date of death, the Texas Probate Code creates an exception for wills filed as a Muniment of Title. If the person filing the will is determined to have not been at fault in not bringing the will for probate within the four years, then the court can recognize the will through a Muniment of Title.

Contact College Station probate attorneys

For legal assistance with your probate matters, including the Muniment of Title option, contact the experienced College Station probate attorneys at the Peterson Law Group at 979-703-7014 or through our online contact form. The probate attorneys of the Peterson Law Group can advise you about the best ways to deal with any complications that your case might present.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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