What Happens in Probate?

When someone dies in Texas with assets that a trust does not own, the decedent’s beneficiaries typically receive the assets after probate. If a probate dispute emerges or you are a beneficiary or trustee who needs help with the probate process, promptly contact a Houston probate attorney.

A probate court ensures a decedent’s debts are paid, a decedent’s assets are rightly distributed, and the interests of an estate’s creditors and beneficiaries are protected. If the decedent left a will, the executor designated in the will must submit a request to the court for probate to begin.

Probate can be overwhelmingly complex, so the executor of a will should have the guidance of a Houston probate lawyer from the beginning. If the decedent left no valid will, the court will designate an administrator to close out the estate, pay the debts, and distribute the assets.

What is Muniment of Title?

Unlike full probate, which can take months and sometimes years, muniment of title probate is a simple process that may be complete in mere weeks. Muniment of title involves petitioning the court and proving all debts and taxes are paid and no claims are outstanding against the estate.

When a Texas probate court approves a muniment of title application, the beneficiaries may receive the estate’s assets and properties without additional legal proceedings. Muniment of title is an option that helps your beneficiaries avoid legal battles over your property and assets.

Technically speaking, a muniment of title is a legal document that evidences property ownership: for example, a bill of sale, a deed, or a will. Approval of a muniment of title application means the will is all the court requires to transfer the decedent’s assets and property to the beneficiaries.

Is the Muniment of Title Process More Advantageous Than Full Probate?

After the probate court receives the decedent’s will and the muniment of title application, it can issue a muniment of title order transferring ownership of the decedent’s property and assets to the beneficiaries.

The muniment of title process is quicker than full probate, less costly, and less likely to generate contention or acrimony among a decedent’s family members and beneficiaries. If you are the executor of a will, a Houston probate attorney can help you prepare a muniment of title application.

Full probate can substantially reduce the value of an estate and the inheritances the beneficiaries receive. The estate must pay court costs, lawyer fees, appraisal fees, and related expenses. Muniment of title usually involves fewer costs as it does not require extensive legal proceedings.

What Does Muniment of Title Probate Require?

Under Texas law, a probate court will approve a muniment of title application only when these requirements are proven:

  1. The decedent left a valid will.
  2. There are no unresolved objections for the will to be admitted to probate.
  3. There is no need for an administration of the estate.
  4. The applicant affirms the estate owes no debts or the debts are satisfied (not including mortgages).

Muniment of title is unavailable if a probate dispute emerges that only a probate court can resolve. In such situations, the full probate process may be necessary if the dispute cannot be resolved out-of-court, and disputing parties will need the services of a Houston probate lawyer.

How Does Muniment of Title Probate Work?

What are the steps in the muniment of title process? After the probate court receives an application for muniment of title from a will’s executor, a muniment of title hearing will be scheduled.

At a muniment of title hearing, evidence may be offered and witnesses may testify regarding the will’s validity and that there is no need for an administration of the estate. If the probate court deems the will valid, the court issues an “Order Admitting Will to Probate and Granting Muniment of Title.”

The order confirms that the court has admitted the will to probate and transferred the ownership rights to the decedent’s property and assets to the heirs. The executor of the will may then deliver the assets and property according to the terms of the will and court order.

Does Texas Provide Other Probate Options?

To be clear, we recommend filing an Application for Letters Testamentary instead of Muniment of Title in cases where the property of the estate is not known. A Muniment of Title action does not cover circumstances when it is later determined that an administration is needed.

Texas provides small estate probate for estates under $75,000 when a decedent leaves no will. Small estate probate through a Affidavit of Small Estate application requires less time and paperwork than full probate, but small estate probate:

  1. is not accepted or recognized by some Texas banks and financial institutions
  2. is not available if real estate passes to anyone other than a spouse or minor children

Unlike small estate probate, muniment of title may be used when the decedent has left a will, when the estate’s assets surpass $75,000, and/or when real estate passes to a party other than a spouse or minor child.

The other option for avoiding probate in Texas is to establish a revocable living trust with the advice and assistance of a Texas estate planning attorney – an attorney at The Hatchett Law Firm. When you transfer properties and assets into a revocable living trust, those properties and assets are no longer subject to probate.

Bring Your Probate and Estate Planning Needs to The Hatchett Law Firm

In the estate planning and probate processes, our legal team at The Hatchett Law Firm will work with you to ensure you understand the choices you’re making. We can help you prepare an estate plan that protects your assets and properties and provides security to your loved ones.

If you are the executor of a will, we can advise you and help you fulfill your duties. If you need to challenge a will for valid reasons, we can represent you in probate court. And if you need to begin the estate planning process, we are a law firm with over thirty years of estate planning experience.

We work with clients in the Houston area and across the U.S. We can determine if an estate qualifies for muniment of title or small estate probate or if full probate will be required. Call The Hatchett Law Firm at 281-771-0560 for a free screening of your probate case or estate planning needs.