Shortcut Probate Proceeding Goes Nowhere
Your father dies. He had a will that left everything to his children and named you as the independent executor. You go to your hairdresser and tell her your father died. Somewhere between the color and the rinse, she tells you that when her uncle’s friend’s cousin died, the cousin’s daughter’s attorney just showed the will to the judge, and the judge signed an order transferring all of the cousin’s assets to the daughter. This easy shortcut was called a Muniment of Title.
Your stylist adds that any attorney who says you need to open a probate estate and have an executor appointed is just out for the money.
Why Families Consider Muniments of Title
You and your siblings come into my office with your dad’s will and tell me you want to do a Muniment of Title. I explain that it is not a good idea and list all of the reasons why—but you insist, still convinced by your hairdresser’s advice.
We apply to the probate court. After the hearing, you leave the courthouse with the Muniment of Title order in hand, convinced that you have outsmarted the system—and earned some hair salon bragging rights.
What a Muniment of Title Actually Does
A Muniment of Title is an order:
- Admitting the will to probate
- Stating there is no need for a formal administration of an estate
- Eliminating the appointment of a personal representative
By Texas law, this order should give legal authority to transfer property or money held by:
- Banks
- Investment companies
- Anyone else who owed the decedent money or held his property
However, in real life, this process often falls short.
Common Problems with Muniments of Title
Banks May Refuse to Release Funds
Two months later, you and your siblings return to my office. You tell me the bank won’t give you the money from your dad’s accounts.
- Big banks often only pay money to an executor or administrator of an estate
- You may need to return to court to either open an estate or force the bank to release funds
Selling Real Estate Can Be Complicated
You try to sell your dad’s house, but the title company wants the Muniment of Title order to list all of your dad’s assets.
- The order never includes an inventory because that would be an act of administration
- If a full inventory is required, you will need to go back to court to open an estate for administration
Debtors May Refuse Payment
The person who signed a promissory note to your dad won’t pay the money owed. Why not?
- Your dad’s will leaves everything to his children
- The debtor asks, “How do I know these are all of your dad’s children?”
In this case, the court must issue a declaration confirming that you and your siblings are the decedent’s only children.
Why I Don’t Recommend Muniments of Title
I don’t like Muniments of Title. They usually cause more problems than they solve.
- Banks, title companies, and debtors often require additional court action
Shortcut probate procedures rarely work as smoothly as they sound
Advice: Tell your hairdresser I said so.
How Hammerle Morris Can Help with Probate
At Hammerle Morris Law Firm, we understand that navigating Texas probate law, including Muniments of Title, can be complex. Understanding the risks and benefits helps you protect your assets and avoid delays.
Whether you’re probating a will, transferring property, or managing estate administration, our team can guide you to ensure your decisions are legally sound.
Schedule a consultation today to review your estate plans and protect your family’s interests.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
