Probate of a Will as a Muniment of Title (No Administration)
One should always consider the possibility of probating a loved one’s will as a muniment of title. This process is unique to Texas law and allows loved ones the opportunity to avoid the necessity of court-supervised administration of the decedent’s estate. If you have a valid will, you may be able to transfer title to real property and even vehicles without an administration. If you can avoid having to formally probate a loved one’s will, this will save you time, stress, and money. This procedure should be considered, as it is often a less costly alternative to other forms of probate, such as a dependent administration.
Probating a will as a muniment of title is particularly effective in the following situations:
- The will states a named executor, but he is not made independent.
- The will’s named executor is unwilling to serve, dead or otherwise disqualified.
- The will specifies no executor.
- There is no real need to manage the decedent’s estate.
- There is only a need to transfer title to realty and/or personal property from the decedent to his devisees.
- The beneficiaries have failed to present the will for probate within the statutory four-year period.
Probating a will as a muniment of title is not always an available option. You may be able to proceed with a muniment of title when the court is satisfied that a will should be admitted to probate, and where the court is further satisfied that there are no unpaid debts owed by the estate of the testator, excluding debts secured by liens on real estate, or for other reason finds that there is no necessity for administration upon such estate.
- Independent Administration (Unsupervised Administration)
- Court-Created Independent Administration (Unsupervised Administration)
- Dependent Administration (Court-Supervised Administration)
We are here to help you make an informed decision for your loved ones. Call LaHood Law to schedule your free consultation.