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.