TEXAS MUNIMENT OF TITLE

What is a Muniment of Title?

Probating a Will as a Muniment of Title is a fast and easy way to transfer assets, in most cases, Real Estate, to the heirs and beneficiaries of a Will.

When can you use a Muniment of Title?

A Muniment of Title should be used when all of the following conditions are met:

• The deceased person died with a Will;
• There is real estate that needs to be transferred to beneficiaries
• No administration of the Estate is mandated
• The decedent does not have any debts (other than mortgages)

Why would someone NOT use a Muniment of Title?

Texas Muniment of Title requires that there is a valid will; without a will there cannot be Muniment of Title. Also, if there are out of state assets that need to be transferred to the beneficiaries, Muniment of Title will not be recommended. Also if there is a need to Administer the Estate, Muniment of Title will not work. Additionally, if the decedent had any unpaid debts at death, Muniment of Title will not be possible, unless all debts can be paid before the Muniment of Title Hearing.

Do I need an attorney to file a Muniment of Title?

Yes, you do. Under Texas law, people applying for letters testamentary, letters of administration, determinations of heirship, and guardianship of the person or estate must be represented by a licensed attorney. Only licensed attorneys may represent someone else’s interests. Self-represented applicants may proceed in court only if they are really representing themselves alone.