Muniment of Title

A Muniment of Title is primarily a legal document that shows the ownership of an asset. This word derived from the Latin phrase munimentum which means: written evidence of title to property. This would include titles, deeds, Wills, and even court judgments. So, essentially what this means is that an heir to an estate may file this type of action for probate of the Will by a Muniment of Title. This is mainly the petitioner asking the court to recognize them as a beneficiary of the properties in the estate and requesting that the property titles be transferred to them. You may wonder what the benefit to this is over a standard Will as it bypasses the administration of the Will. This means that the muniment route can be a more natural and less expensive way of settling the descendant’s estate.

Why Do You Need a Muniment of Title?

Let’s say a person has died leaving property behind in Texas and it is in that person’s name. At this point, the property cannot be sold or leased without the person’s signature on the documents. Because of this, the name of the descendant must, therefore, be removed from the title in order to allow his heirs to sell or transfer the property. A Muniment of Title makes it possible for the heirs of the property to do that. To establish a Muniment of Title, there are a few requirements. One is that the descendant must have died leaving a Will and real properties in Texas. The second is that the probate court must have jurisdiction over the estate of the descendant, and also that a citation has been served in return. Three, the estate cannot have any outstanding debts, except obligations that are secured by liens on the estate. And finally, there’s no need for administration of the estate.

Wylie Estate Planning Attorney

A Muniment of Title can make the whole process simpler when the descendant of an estate has passed. There are some requirements as was mentioned above. If your estate meets these requirements and you are looking at the future for your heirs, then perhaps you should consider a Muniment of Title. Regardless, if you go with a Muniment of Title or anything else you should weigh your options with an attorney that specializes in Estate Planning. Edmondson Law, PLLC specializes in estate planning and is here to help you weigh your options and make an educated decision on the future of your estate.

 

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.