Probate As A Muniment Of Title In Texas: What Is It & What Does It Cost?

If your loved one died with a Will, there are several different types of probate available in Texas to settle an estate, and their likely costs vary widely. The cost is predominantly determined by the type of procedure you must follow. The muniment of title probate is the least expensive formal, court-administered proceeding. There are some non-court administered options in some cases. Those are dealt with in this blog.

Below, we will explore what probate as a muniment of title is, when it can be used, and how much it could save you on average in the state of Texas. 

What Is Probate As A Muniment Of Title?

Probate as a muniment of title is a simplified form of probate, if your loved one had a Will, that can be used in Texas only if:

1. There are no debts of the estate other than liens on real estate, and 
2. No other administration of the estate is required. 

The application for probate as a muniment of title must be sworn to by the applicant, affirming that these conditions are true. The applicant for a probate as a muniment of title does not have to be the named executor in the Will. This sometimes is a convenience if the executor lives far away or is not as interested in the probate as the applicant.

This probate allows the passage of assets to the named beneficiaries in a Will simply by filing the verified application along with the Will in the probate court and conducting one hearing. At the conclusion of the hearing, the applicant will sign a sworn proof of death, containing the statutory requirements, which will be filed in the record of the probate. The proof of death includes an affirmation that there are no debts of the estate other than liens on real estate. The court then signs an order admitting the Will to probate as a muniment of title.

The order serves as authorization to third parties to transfer assets as set out in the Will. No further court action is required for this type of probate. The probate court record is carried forward in the official public records of the county where the probate was conducted and serves to reflect passage of title to real estate located in that county. Certified copies of the application, the Will, and the order admitting it to probate as a muniment of title will need to be filed in counties other than where the probate action was filed to reflect the passage of title to real estate in those other counties. Some third parties may require the same certified copies to transfer non-real estate assets.

Generally, nothing more is required from a legal standpoint. 

Cost Of A Probate As A Muniment Of Title In Texas

The cost of this type of probate is usually much less than any other form of court-administered probate because it is so simple. Full probate, which is called an independent administration, involves a great number of steps, filing fees, and fees for publication of a notice to creditors in the newspaper, and additional expenses. The cost of an independent administration generally runs at least $1,500-$2,000* with fees and expenses. The cost of a full probate can go much higher if the estate is more complicated.

For a muniment of title proceeding, the filing fee with the county clerk is usually about $475. The attorney’s fees for handling the proceeding generally range from about $750-$1,000, unless the attorney has to travel for the hearing, the estate contains many assets (which must be listed in the application), and other factors. In addition, because the muniment of title proceeding is much simpler, it is a less stressful and quicker way to achieve the distribution of the estate of your loved one.

* Please remember that the cost estimates given are only general, ballpark numbers for the Amarillo area, and the costs can vary widely depending on many variables in your individual situation.

Possible Additional Costs

As stated above, if the deceased person owned real estate in counties other than where the probate was filed, certified copies of the probate documents will need to be obtained and filed in each other county. The cost of obtaining the certified copies usually is between $30 and $50, and the cost of filing these copies in each county is likely about the same.

Explore Whether This Type Of Probate Is Appropriate In Your Case

If you are looking at how the estate of your deceased loved one should be handled and he or she had a Will, you should explore with your attorney whether the muniment of title proceeding is a possible way to go. The cost savings could be a substantial amount. 

Probate for each state is different. You will need to consult with an attorney in the decedent's home state. If you would like to talk more about probate or the administration of an estate in Texas, please call Adair M. Buckner for a free initial consultation.**

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** The free consultation does not cover actual review of documents or giving legal advice on a specific situation.

*** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.