Muniment of Title Texas

Aug 22, 2024 | By Kyle Robbins | Read Time: 3 minutes | Estate Planning

When a loved one dies, the last thing many people want to think about is navigating an unfamiliar legal process through probate court. If your loved one left a will, you may be able to bypass many of the steps of probate through muniment of title. Texas law authorizes this simplified process in limited circumstances, particularly if your loved one has left few or no debts.

The attorneys at Robbins Estate Law focus exclusively on estate law and offer our clients knowledgeable, experienced service with an impressive track record. Reach out to speak about whether you can use the muniment of title process and, regardless, for help managing your loved one’s estate.

What Is Muniment of Title in Texas?

Like a small estate affidavit, a muniment of title proceeding allows you to bypass estate administration. Typically, you begin estate administration with the court appointing a personal representative. That representative completes many duties on behalf of the estate, including:

Bringing the will to court,
Notifying interested parties,
Inventorying assets and liabilities,
Probating the will and identifying heirs,
Responding to creditor claims,
Distributing assets, and
Closing the estate.

When you use the muniment of title process, you bypass most of these requirements, including the appointment of a representative.

When Can You Use a Texas Muniment of Title?

Generally, a court may probate a will as a muniment of title if the decedent died testate—with a valid will—within the last four years and the estate fits one of two situations. You can use the process if the estate does not owe debts other than real estate liens or if the court determines administration is unnecessary. You can typically offer concrete evidence related to debts, but a will’s validity and whether administration is necessary can raise issues.

Will Validity

If someone who is or could be entitled to estate property questions a will’s validity, they may raise a will challenge. Challenges often allege:

Lack of testamentary capacity—the testator (a deceased individual who died with a will) was not of sound mind when they created the will;
Undue influence—one or more people improperly induced the testator to create the will; or
Improper execution—the will does not follow the law.

A validly executed will must typically be:

In writing,
Signed by the testator, and
Signed by two witnesses.

Texas law also authorizes holographic wills—wills written entirely in the testator’s handwriting—without witness signatures.

Necessity of Administration

Estate administration may be necessary for many reasons, such as:

Someone is likely to challenge the will’s validity;
The estate needs a personal representative to recover property owed to the estate; or
After executing the will, the testator married, divorced, or had a child.

Courts may assume administration is necessary, but absent evidence, it is not.

How Do You Use the Muniment of Title Process?

To request a court probate a will as a muniment of title, you must be an eligible applicant—an interested party. Interested parties are people or entities that leave something under the will.

One or more eligible applicants must submit an application that details everything in the Texas muniment of title checklist below.

Provide each applicant’s:

Name
Address
Last three digits of their driver’s license
Last three digits of their social security number

Provide the testator’s:

Name
Address
Age at death
Last three digits of their driver’s license
Last three digits of their social security number

Provide details about the testator’s death:

How they died
When they died
Where they died

If an executor is named, provide their:

Name
State
Physical address
Each witness’s name

Provide:

A summary of the testator’s property
The property’s estimated value

Attest that the testator:

Is deceased
Owned property

Provide answers to the following questions:

Did the testator have or adopt any children after executing the will?

If yes, provide:

Each child’s name
Did the testator dissolve a marriage after executing the will?

If yes, provide:

Their former spouse’s name
The date of dissolution
Does the will leave anything to the government or a charitable organization?

Attest that:

The court can hear the case
The estate does not owe debt except a lien on real property OR
Estate administration is not necessary

Your county may provide forms to help you.

After you apply, the court determines whether the estate qualifies for muniment of title. If yes, the court issues an order that makes the will directly transfer title to the property.

Robbins Estate Law Can Help

Requesting a court probate a will through muniment of title is more efficient and usually less stressful than ordinary probate. To determine whether your loved one’s estate can bypass administration using a muniment of title, contact Robbins Estate Law. We can advise whether your loved one’s estate will likely qualify. If yes, we can guide you through the muniment of title process. If no, we can help you navigate the probate process instead.

Kyle Robbins

Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.