Avoiding Lengthy Probate Processes: The Benefits of Muniment of Title

Probate can be a time-consuming process that is frustrating for the family of the deceased and the beneficiaries of the estate. Fortunately, there are options for circumventing a lengthy probate process. If you have recently lost a loved one and would like to discuss your options for probate, a knowledgeable probate lawyer can provide valuable guidance.

What Is Muniment of Title Probate?

The phrase “muniment of title” refers to documentary evidence of ownership of title. In the context of the probate process, it refers to the process of clearing title to property such as real estate or cash accounts.

Muniment of title probate is a simplified probate process available in situations when all that needs to be done is to transfer title of property from the decedent’s name to the beneficiaries under the will. The probate court recognizes the will as valid, but no executor is appointed.  This is how the muniment of title process differs from a traditional probate process.  In a traditional probate, the court appoints an executor and the executor is charged with administering the estate, that is, paying the debts, selling assets as needed, and distributing the remaining assets to the named beneficiaries.  In a muniment of title proceeding, there is no need to administer the estate, so there is no need to appoint an executor.  All that is needed is to transfer title of assets from the decedent’s name to the beneficiaries under the will.

Although no executor is appointed, the person named executor can be the one to apply for probate as a muniment of title.  In addition, someone who is not named as the executor can apply. This can be helpful if the named executor lives far away, refuses to be involved, or is otherwise unavailable.

When Is Muniment of Title Probate Appropriate?

Muniment of title is an alternative to traditional probate available when there are no unsecured debts against the estate and the only assets of the estate are real property and cash accounts. In other words, muniment of title is not an option if the decedent had unpaid income taxes or other debts.  It also would not work well if the decedent had stocks, bonds, or other investments passing to multiple beneficiaries under the will because these assets may not be able to be divided easily by the financial institution holding the assets. You can, however, use muniment of title if the only debts of the estate are liens against the real estate to be transferred. An experienced probate lawyer can determine whether muniment of title is an option for you.

The Muniment of Title Probate Process

The muniment of title process begins with filing the will and an application seeking to admit the will to probate as a muniment of title. The applicant will then attend a hearing before the probate judge and testify that all of the requirements to proceed with probate by muniment of title have been met. If the judge is satisfied that the requirements have been met, the judge will sign an order admitting the will to probate as a muniment of title.

To establish chain of title to real property, the order needs to be recorded in the official public records of the county in which the property is located. Nothing further will need to be done in order to transfer real property in that county to the beneficiaries under the will.

If there are bank accounts, you must obtain certified copies of the order and will and present them to the financial institution so that the financial institution will distribute the funds to the persons entitled to the funds under the will.

Contact J Nichols Law, PLLC to Discuss Whether Muniment of Title Is an Option for You

Probate can be a difficult hassle, but it doesn’t have to be when you have the right people behind you. To discuss your probate needs and how we can help you navigate the process, contact us today at 409-257-7878.