There are many different procedures and types of probate available in the state of Texas, each with their own pros and cons. Some require lots of interaction, and some are mainly straightforward. Using a muniment of title proceeding can be a relatively simple process for your lawyer that can ease the circumstances. This probate procedure is usually used to clear the title to real property owned under the estate. However, just as it sounds, muniment of title is for a specific set of circumstances and not meant for a complex probate process.
A muniment of title is unique in the fact that there is no executor, administrator, or representative appointed of any kind for the estate. This is because none are needed. This procedure is meant for an estate that has no debts and needs nothing taken care of, except for the transfer of property to the beneficiaries. It is important to note that this would not work for the transfer of stock, bonds, or other like financial instruments. These would require an executor to transfer them. The downside of not having some sort of representation is that in the event something arises and some kind of action on behalf of the estate needs to be taken; there would be no one able to make those decisions on behalf of the estate. Of course, by consulting with your attorney, they will be able to help guide you to the procedure that best works for you.
As this procedure is often more simple than a traditional probate, it is also relatively efficient and generally expeditious. To start, your probate attorney would gather all the standard information about the estate and file a petition with the appropriate probate court that has legal authority for your jurisdiction, just as if this was a traditional probate process. Where this process differs, however, is that because there is no executor or representative appointed, a probate judge will rule on whether the will is admitted to probate. Specifically, the court will consider two major things:
Obviously, the first consideration is essentially straightforward. The second is far more subjective, but your probate attorney should be able to identify any potential problems before reaching this stage. Usually, the kinds of estates that are right for this procedure are plainly seen and there are not many problems.
In summary, the muniment of title procedure is generally reserved for an estate that only needs to transfer property or cash to the beneficiaries and has no outstanding debt (except for a mortgage). This procedure can be an effective and efficient way to close out the probate process and to take care of your estate plans. To get started, call Evan Lange, PLLC today at (713) 357-6994 to set up a consultation.
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