Probate of Will as Muniment of Title
Filing a Will as a “Muniment of Title” under § 89C of the Texas Probate Code is best when the following apply:
- The Decedent left a valid will.
- Decedent has no unpaid debts, not counting debts secured by real property.
- The Estate does not have a Medicaid claim for recovery of benefits received by the Decedent.
The Will transfers assets to the persons or entities named as beneficiaries in the will to inherit them. Because the transfer of assets is normally straight-forward, the Court in a Muniment of Title will not appoint an executor or administrator. Although to make sure there is follow through regarding the Estate of the Decedent, the Applicant who submitted the Will to Probate as Muniment of Title is required to file an affidavit within six months of the Order being signed what actions were completed or not completed relative to the terms contained in the will.