What does Muniment of Title mean in Texas?

A probate action unique to Texas: It is an option in situations where a person dies testate (with a will) and their estate owes no unpaid debt, except for debt secured by a lien on real estate or if for another reason, there is no need for the court to appoint an executor to administer the estate.

Will as a Muniment of Title Texas?

According to Texas Estates Code §257.12(a), a court’s order admitting a will to probate as a muniment of title is enough legal authority for a person who has custody of estate property “to pay or transfer [that property] without administration the applicable asset without liability to a person described in the will as …

How much does a Muniment of Title cost in Texas?

The price to Probate a Will as a Muniment of Title is $1750. This price includes filing fees, attorneys fees for hearing attendance with the applicant and preparation of all required documents: Application to Probate of Will as a Muniment of Title.

Is there a time limit on probating a will in Texas?

The general rule in Texas is that the executor has four years from the date of death of the testator (person who drafted the will) to file for probate.

How does muniment of title work in Texas?

The Texas statutes created muniment of title, a legal concept that is unique to Texas. You can only use this probate mechanism in certain circumstances. The requirements for approval of a request to probate a will through muniment of title are: The Court agrees that there is a valid will that is admissible to probate.

Can a will be admitted as a muniment of title?

For example, if the only reason for probating a Will is to clear title to property, then a Will can be admitted to probate as a muniment of title. Under this type of probate an executor or executrix is not appointed. In this article, we will discuss muniment of title probate in Texas.

When does the Muniment of title hearing start?

The hearing can not be held until on or after the first Monday following the expiration of 10 days from the posting of the citation, after 10:00 a.m. Once application has been accepted into your case management system:

How does a muniment of title action go through probate court?

How a Muniment of Title Action Goes Through Probate Court Your lawyer will prove up the will at a hearing in the courtroom and give the judge an Order Admitting Will As A Muniment of Title. The proposed order should contain the required statutory language.