Muniments of title in Texas

In Texas, a muniment of title is a unique procedure which transfers real estate to beneficiaries without a deed.  Ordinarily, a deed can only be transferred or sold if the owner signs off on it – a difficult proposition since they are deceased.  A muniment of title removes the name of the deceased from the deed and transfers the property.  The procedure is advantageous because a full-blown probate proceeding is not required, and thus the timeframe to settle the estate is shortened.

The muniment of title process is straightforward.  First, the “requestor” fills out an application and files it with the court along with a filing fee.  A hearing is then held, during which a witness will attest to the cause of death and the will must be proved by a written attestation or witness testimony.  Finally, a judge will order the will to probate under muniment of title.  The order should be filed in every county in which the testator owned real estate.

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