Estate Settlement
Nov 19, 2024
7 Mandatory Probate Forms You Need in California
Get all 7 required California probate forms and step-by-step filing instructions. Includes court fees, deadlines, and filing requirements.
There are different ways to probate a Will in Texas, and one little known option that is unique to the state of Texas is the Muniment of Title. If you are administering a small estate with no debt, a few assets, and no listed executor in the will - this allows you (the applicant) to avoid going through full probate.
Probate of a will as a muniment of title in Texas is a simpler method to verify the Will's validity of a simple estate and pass titles and ownership quicker to the intended beneficiaries.
The probate courts will authorize muniment of titles only if:
To apply for a muniment of titles of probate, an heir or beneficiary must file an application in the probate court in the county where the deceased resided. The court then needs to rule that there is a valid will that is admissible to probate.
Unlike in standard probate, the court must find that there are no outstanding debts, such as credit cards, hospital bills or loans, with the exception of mortgages on real estate. Once this has been ascertained, the court will find that there is no need to proceed with full probate.
The application may differ from county to county, so we suggest that you check the application guidelines in your county you are applying for.
Here are some local probate county courts for more information:
Harris County - https://probatecrt4.harriscoun...
Denton County - https://www.dentoncounty.gov/D...
A muniment of titles of probate helps by reducing the amount of time spent in probate, usually to less than 60 days. Additionally, it can clear up problems that arise if there is no executor named or if the executor is no longer available.
However, it does come with stringent requirements and should only be entered into if the estate is small and very simple.
The Will itself identifies the estate's assets' rightful owner. The probate court's decision to admit the Will to probate as a muniment of title validly transfers ownership.
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