I am often asked about alternatives in Texas probate courts. Settling an estate can be challenging for grieving families, and navigating the probate process isn’t something that many people wish to handle alone. In Texas, there are several types of probate options when your loved one dies with a valid will. The Muniment of Title is one of the least expensive formal and court-administered proceedings.
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What is the Muniment of Title Probate?
Muniment of Title is a simplified type of Texas probate and may be an option if the following criteria are met:
- There are no debts against the estate except real estate liens
- No other administration of the estate is needed
Under this type of probate, the assets are transferred to named heirs in the will by simply filing the will with the local Texas probate court. The filing should include proof of death and proof that the estate has no other debts except real estate liens. Once this is validated, the court signs the order to admit the will for probate.
Muniment of Title proceedings require:
- File the application with the court
- Obtain the Service of Citation
- Hearing before a probate judge to sign the order which admits the will under the Muniment of Title probate
The signed court order authorizes third parties to transfer assets to beneficiaries as per the will’s instructions. If the passage of real estate titles in other Texas counties is necessary, then certified copies of the deceased’s will and the probate order must be filed with the probate courts in those counties to ensure legal transfer of title.
What is the Cost of Probate as Muniment of Title?
Muniment of Title probate typically costs less than other types of probate because it is simple and straightforward in nature. Full probate involves several steps, including inventorying and liquidating the estate, notifying creditors, and locating beneficiaries, and the legal fees are more expensive than in a Muniment of TItle.Â
If the deceased owned property in other counties, then certified copies of the will and other probate documents must be filed with each county where they owned property. The cost for each certified copy of the probate documents is from $30-$50, and filing for each county is about the same throughout the state.
Is Muniment of Title the Right Form of Probate For Me?
You may be able to save a substantial amount by filing Muniment of Title versus other types of probate if your loved one’s estate meets the above criteria. When you need to file probate for your loved one’s will and estate or if you have any questions about thye process get in touch with a Texas estate planning lawyer to learn more about your rights.
