Muniment of Title
Muniment of Title is a legal document that shows evidence of ownership of an asset. Derived from the Latin word munimentum, it means written evidence of title to property. This includes deeds, wills, titles, or court judgments.
Heirs to an estate may file this type of action for the probate of the will by way of Muniment of Title. In this regard, the petitioner is asking the court to recognize them as the beneficiary of the properties in the estate and requesting the property titles be transferred to them.
This legal mechanism is unique to wills in Texas.
-
Ryan McCreay genuinely cares about his clients. He patiently outlined the timeline in obtaining this overage, along with ...
- Gerard P. -
They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!
- Shirley H. -
He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.
- AJ J. -
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...
- Thomas M. -
He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.
- Kathie -
He helped my family navigate a unique probate and trust process right at the end of the year.
- Previous Client -
Keith is one of the finest and technically proficient lawyers I have ever met.
- Jennifer -
Keith is very professional and was able to settle my family dispute.
- Susan
Muniment of Title Attorney in Texas
Advantages of Muniment of Title
If you know how to get a will probated in Texas, you know that usually the appointment of an estate Executor or Administrator as is normally required. However, Muniment of Title offers a streamlined process that bypasses the typical administration of a will.
By presenting the will before the probate court, the parties are basically asking the judge to recognize them as owners of the properties designated to them and that no other court action is necessary on the estate. In this case, the will acts like a deed proving ownership over a particular property.
Since the term muniment signifies an assertion of claim over a certain property, Texas Muniment of Title affords an easy and less expensive method of settling the decedent’s estate.
This method, however, is most effective with regards to real properties. The same cannot be said with respect to bank accounts or similar assets of the decedent.
Since the concept of Muniment of Title is unique only to Texas and lawyers representing banks or other financial institutions are often from out of state, they do not have a solid grasp of Muniment of Title.
Requirements for Muniment of Title
For a Muniment of Title to operate, there are a few requirements that must be met.
- The decedent must have died leaving a will and real properties that are located in Texas.
- The probate court must have jurisdiction over the estate of the decedent, and the citation has been served and returned.
- The estate must also have no outstanding debts, except obligations that are secured by liens on the estate (such as real estate).
- There is no need for administration of the estate.
When these requirements are met, the will may be probated as a Muniment of Title in Texas. In addition, the probate proceedings may carry on without the need for appointing an Executor or Administrator of the estate.
Why Do I Need a Muniment of Title?
EXAMPLE: A person has died leaving behind real property in Texas in his name. Now, this property cannot be sold or leased without the person’s signature on the documents. The name of the decedent must, therefore, be removed from the title in order to allow his heirs to sell or transfer the property. A Muniment of Title allows the heirs of the property to do exactly that.
In a Texas Muniment of Title proceeding, there is no need for the appointment of an Executor. When the court issues an order, it can serve as a legal authority to all the heirs who have a stake in the property belonging to the estate to transfer the property without the need for an estate Executor or Administrator. These heirs have the right to deal with the property as if the title were in their names. Once the court signs and approves the order to admit the will to probate, the order may be used to collect bank accounts that were in the decedent’s name.
With the streamlined probate process of Muniment of Title in Texas, the admission and probate of the will can be done in a single hearing. A will can be admitted as a Muniment of Title even after four years have passed from the date of death. There is also no requirement to do a notice to creditors or to file an estate inventory.
To learn more Texas probate information, please call an experienced probate attorney today at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth.
Success that Speaks for Itself
Case Results
-
Hearing Won Evidentiary Hearing
Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.
-
Dispute Resolved Estate Administration Case
Successfully resolved case between two siblings fighting over cash and personal property of their father.
-
Settlement Reached Multi-Million Dollar International Estate
Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.
-
Dispute Resolved Estate Administration & Division of Assets
Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.
-
Won Summary Judgment Multi-Million Dollar Trust Dispute
Won summary judgment for prominent South Texas family in multi-million-dollar trust dispute over real property.
Why Choose Attorneys Keith Morris & Stacy Kelly?
-
With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.
-
Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.
-
Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
-
If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.
Contact the firm today to discuss your case during a free consultation and explore your options.