Simplified Probate When No Administration Is Needed
Muniment of title is a streamlined probate procedure available when a person passes away with a valid will and the estate owes no unpaid debts, except for debts secured by liens on real estate. This process allows the will to be admitted to probate solely for the purpose of transferring title to estate property, without the need for appointing an executor or opening a full probate administration.
Eligibility Requirements
To qualify for muniment of title in Texas, specific criteria must be satisfied. The deceased must have left a valid will that can be admitted to probate. The estate must owe no unpaid debts, other than debts secured by liens on real estate such as mortgages. The court must also find that there is no necessity for administration of the estate.
Importantly, the applicant must swear under oath that the estate has no unsecured debts. Falsely swearing to this fact can result in serious legal consequences.
Our Approach
We evaluate whether muniment of title is the right option by examining the will's validity, the types of assets in the estate, and whether any debts exist that would disqualify this simplified process.
From initial filing through final asset transfer, we handle all court documentation, represent clients at the hearing, secure certified copies of the probate order, record those copies with the county clerk for real property, and work with banks, title companies, and other institutions to ensure assets are properly transferred to the named beneficiaries.
Attention to detail at every step is critical. Even small errors in documentation or filing can create title defects that surface years later when beneficiaries attempt to sell or refinance property.
Schedule a Consultation
If you believe a muniment of title may be appropriate for your situation, contact us or schedule a consultation online. We will evaluate the estate, explain your options, and guide you through the most efficient probate process available under Texas and New Mexico law.