The fastest and least expensive way to probate a will in Texas is to probate the will as a muniment of title. Utilizing the muniment of title process is only appropriate for a ‘simple’ estate. Read more below.
First things first. What is probating a will? A will states how your assets are to be distributed when you die. This is not automatic. You must present the will to a court, who must find that the person who wrote the will actually has passed; that the will is in the proper form; and appoint an executor. An executor is the person who will actually pay the debts of the estate and distribute the property per the provisions in the will.
The advantage of probating a will as a muniment of title, is that an executor is not needed and there are less required filings than a regular probate procedure. Muniment of title is most appropriate in cases of a ‘simple’ estate, such as; a single person dies with a will leaving all his property to his children, share and share alike; there are no debts, other than mortgage debt; and the only asset is the family home. Where the court approves probating the will as a muniment of title, simply filing the court order and will with the county clerk’s real property records, acts as a transfer of title to the family home. Executing a formal deed to transfer title is not necessary.
If you have any questions about writing a will for yourself or probating a will of a family member, call the Law Office of Elliott Klein, PLLC for a consultation.