Muniment of Title Probate Lawyer in El Paso, TX
Muniment of Title probate is a more straightforward type of probate. With a Muniment of Title, a formal method of probate to administer the estate is not needed. If the only reason to probate a Will is to clear a title to a property, the Will can be admitted to probate as a Muniment of Title. An executor is not appointed under this type of probate. The Law Office of Steve Ortega, PLLC, can help determine if the Muniment of Title process is the best way to go after your loved one passed away and left a Will.
Muniment of Title
If your loved one passed away with a Will, the family has a choice of procedures to probate the Will.
Suppose the Will is probated as a Muniment of Title. In that case, there will be no executor appointed to administer the estate. Therefore, there will be no person who has the legal authority to handle affairs on behalf of the estate. Muniment of Title is used only when there are no debts to be paid, and there are no pending affairs that would require the appointment of an executor. With a Muniment of Title, the validity of the Will can be established faster. Once the validity of the Will is established, the beneficiaries listed receive assets more quickly.
If all the following criteria are met, a Muniment of Title can be used:
• Your loved one died and did leave a Will
• There is real estate left to be transferred to beneficiaries
• There is no mandated administration of the estate
• Your loved one who passed away did not have any debts (only a mortgage)
A Muniment of Title cannot be used if:
• If your loved one did not leave a valid will
• If there are assets located out of the state of Texas
• If there is a need to Administer the Estate
• If your loved one had any unpaid debts
How a Probate Attorney Can Help
If you are named an executor of a Will or are considering probating a Will, you should hire a probate lawyer to review the Will. The Law Office of Steve Ortega, PLLC, will review the options available under Texas law and advise you on the best way to go based on your case. There are cases when it is appropriate to apply admission of a Will as a Muniment of Title when all debts are paid, but in some cases, going through the whole probate of will process is necessary.
