Decatur Family Law and Probate Attorney

A simplified form of probate for some estates

On Behalf of | Apr 26, 2023 | probate administration

Texas has a simplified form of probate known as “Muniment of Title” for those whose circumstances meet certain thresholds. This can be important for many people who do not want to go through the complexities of probate if it is not necessary and meet the other criteria.

This can save time and money. It can also limit the chance of conflict.

Based on the law, Muniment of Title is suitable for cases in which the decedent created a will but did not name an executor or an estate administrator. Once this has been established, the court can proceed by verifying the validity of the will and the property can subsequently be transferred as per the testator’s stated wishes. Regardless of its seeming simplicity, it is still useful to have professional help to make sure the process goes smoothly and obstacles are addressed.

Know the requirements and other facts about Muniment of Title

Muniment of title will be approved in Texas under specific conditions. The court needs to know that the estate has no debt apart from liens on real estate.

The will does not necessarily need to be produced. When trying to use this method of wrapping up the decedent’s affairs, the person seeking Muniment of Title must explain why they do not have the will. The contents of the will must be disclosed. Beneficiaries of the will must give their personal information. So too must people who will get a share of the will without a valid document.

The request for Muniment of Title needs to be made within four years of the person’s death.

With all forms of probate, it is wise to have representation and help

After a person has died, it is important for loved ones and others who were connected to them know how to move forward with probate and estate administration.