Transferring Title by Will Without Administration
Avoiding probate and estate administration
There are times when a person dies with a Will, but administration of the estate is not necessary. This may happen when a spouse dies, leaving everything to the other spouse, whose name is already on the bank accounts, vehicle titles and real estate. Practically speaking, the surviving spouse who inherits everything may already have possession and color of title to all of the decedent's property.
To avoid a future cloud on the real estate titles and to facilitate renaming accounts, however, it is important to file a copy of the Will, even if the Last Will and Testament won't be submitted to probate for administration. The way this is done is known as filing the Will as a muniment of title.
Muniment of Title
The executor or heir may file the Will in the probate court in the county where the real estate is located. The probate court must still hold a hearing to prove the validity of the Will and ascertain whether all of the decedent's debts have been paid. Once those conditions are met, the probate court issues and order identifying the heirs and places the Will on file as evidence of the persons entitled to the decedent's property.
Additional filing requirements vary by county, but using the Will as a muniment of title is generally simpler than submitting the Will for probate administration.
At Peterson Law Group, our goal is to help solve your legal dilemmas quickly and cost-effectively. We explain all your options and the benefits of each. Contact the Peterson Law Group today at 979-703-7014, or visit us online to learn more about Wills, trusts and the probate process in Texas.