A muniment is a document showing evidence of ownership of an asset. For matters of probate a muniment of title is generally sought for real estate. In essence, the will, itself, becomes the evidence of ownership. The conditions under which a muniment of title may be pursued are not all that complex, but at times certain issues arise for which a Texas probate attorney will prove quite useful.
How to Determine Whether a Muniment of Title Is Appropriate
A muniment of title is most often used for estates for which no executor was named, no dispute over heirs exists, and the property involved is free of encumbrances such as mortgages or liens. Your Texas probate attorney will evaluate the estate in question and advise you on whether a muniment is in your best interests, or even possible.
When a controversy exists over the will, such as a dispute over how the estate should be divided, a muniment may not be in order. If, for instance, the deceased had children from more than one marriage, or a child outside of a marriage, should the will simply name “the children” there may be some discrepancy over whether all children are to be included. Such an issue would need to be determined in probate court.
How to Apply for a Muniment of Title
In order to begin the process of probating the will as a muniment of title, a beneficiary, or heir, files the will with the court, and sends notice to all who are named. A hearing is then scheduled. At the hearing the judge will ask questions and expect documentation that the property is free of debt. A Texas probate attorney can be helpful on this matter by providing the information that is necessary to demonstrate to the judge that the property in question meets the requirements.
Following the hearing the judge will determine whether the estate needs to be administered. If not, and if all other requirements are met, he/she will issue an order that the will be admitted to probate as a muniment of title.
For Help with a Muniment of Title
If you need assistance with muniment of title or another probate matter, work with a Texas probate attorney who has the experience and dedication to provide the highest quality legal representation. Call Peterson Law Group today at 979-703-7014.