Muniment of Title

The Texas Probate Code outlines the process of probating a Will as a muniment of title. Muniment of title means evidence of ownership. In the probate context, a decedent’s Will can be probated as a muniment of title or evidence of ownership. The decedent’s Will is filed and the court recognizes the Will, but does not appoint an executor or administrator to administer the estate (I.e. distribute assets and pay debts). Once the court signs an order establishing the Will, a certified copy of the Will and the court’s order can be used to transfer title in property owned by the decedent to those people listed in his Will.

Requirements

The process of probating a Will as a muniment of title is only available if (a) a valid Will existed; (b) there are no unpaid debts owing by the estate excluding debts secured by liens on real estate; and (c) there is no necessity for administration upon the estate.

The Process of Probating a Will as a Muniment of Title is Useful When:

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 devisee’s;
Four years from the date of death has elapsed.

What is the effect of an order admitting a will as a muniment of title?

An order admitting a will to probate as a muniment of title along with the will conveys title to the decedent's assets to the decedent's beneficiaries as described in the will. Accordingly, the decedent's beneficiaries can use the order to obtain assets of the decedent in the hands of third parties.

Post-probate Obligations

Unless waived by the court, before the 181st day, or such later day as may be extended by the court, after the date a Will is admitted to probate as a muniment of title, the applicant for probate of the Will shall file with the clerk of the court a sworn affidavit stating specifically the terms of the Will that have been fulfilled and the terms of the Will that have been unfulfilled.

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