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How Do I Probate A Will As A Muniment Of Title?

Family members of deceased loved ones face many personal challenges.  In addition to the obvious personal loss with its associated emotional and financial consequences, family must also tend to the legal matters of the estate.  Probate is the legal process by which the family is legally able to take possession and control of the assets of the decedent, distribute the assets to the beneficiaries of the estate, and resolve any outstanding debts of the estate.  Today's blog post will address a somewhat simplified form of probate known as "muniment of title". 

In situations where the decedent left a valid Last Will and Testament, the normal probate process involves seeking a Court order admitting the Will to probate and appointing an Independent Executor of the estate.  The Independent Executor then distributes the assets to the named beneficiaries and pays the debts owed by the estate.  In cases where the estate does not owe any debts other than a secured debt on real estate (such as a home mortgage), and administration of the estate is otherwise unecessary, the Court can follow the simplified muniment of title procedure.  

The major difference between a regular probate with administration and a probate as a muniment of title is that no administration of the estate occurs with a muniment of title.  The Court simply enters an Order admitting the Will to probate and entering a declaratory judgment stating who the beneficiaries of the estate are, and in what proportions.  This Order can then be used by the beneficiaries to properly transfer ownership of the property to the beneficiaries. 

If you've lost a family member, and need to resolve the business of the estate, you don't have to go through the process alone.  Family members deserve to have quality legal representation at their side to ensure that the process is completed quickly and correctly.  Christiansen Law Firm assists families with the probate process.  The attorneys of Christiansen Law Firm have significant experience with Wills, estate planning and the probate process.  Contact Christiansen Law Firm in Houston or San Antonio to schedule a consultation.

 

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