Muniment of Title Attorney

What exactly does the term “Muniment of Title” mean?    A Muniment of Title is a legal document that proves ownership of an asset. 

Muniment of Title is the shortest and simplest method of probating a decedent’s estate under a valid Will.  A court’s order admitting a Will as a Muniment of Title permits the Will’s beneficiaries to take title and possession of the property directly.  An Executor is not appointed.  No further probate action occurs. 

Taking Title to Property Such as Money in Banks

Persons or institutions owing money to the decedent’s estate or holding the decedent’s property are authorized to pay or transfer property directly to the named beneficiary as if record title was vested in the beneficiary’s name.  For example, the named beneficiary can collect funds in the decedent’s bank account upon presentation of the Will and court order certifying the beneficiary’s ownership. 

Taking Title to Real Estate

When the Will and court order are recorded in the real property records, the named beneficiary of the decedent’s real property has legal title and can occupy or sell the property.  Our services include recording the Will and court order for you.

How Long It Takes

From filing the application to obtaining the court’s order admitting the Will as a Muniment of Title normally can be completed within a month’s time.

Requirements

Muniment of Title can only be used if:

  1. Four years have not elapsed since the decedent’s passing;
  2. The court has proper jurisdiction and notice is served;
  3. The estate has no outstanding debts other than a lien securing real estate, such as a mortgage on the homestead; and,
  4. There is no need for administration of the estate.

Caution

Muniment of Title is a probate procedure unique to Texas.  It cannot be used to transfer title to real property outside of Texas.  It may not be effective in obtaining release of funds held in financial institutions outside of Texas since these institutions (and their lawyers) often do not understand this Texas-unique procedure.  Muniment of Title works best in situations where there are no debts and only real estate and funds in the local area need to be transferred quickly and efficiently to the named beneficiary.

Flat Fee

Our firm handles Muniment of Title actions on a flat fee basis.

Our Firm's Guiding Hand

Our firm will be glad to advise whether Muniment of Title is appropriate for your circumstances after discussing the facts of your case.  If Muniment of Title is not appropriate, then the situation most likely calls for an Independent Administration.  Call today to speak with our probate attorney.


The Cramp Law Firm is located in San Antonio, Texas and assists clients throughout Bexar, Comal, Guadalupe and Kendall counties.



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Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: (210) 819-5052

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