San Antonio Express-News
May 13, 2003

Using Muniment of Title

copyright 2003, Paul Premack

Dear Mr. Premack: Please explain how the muniment of title is used to settle an estate. Must it be used in conjunction with copy of probated will? – LAM

There are several ways to transfer title to a house upon death of an owner. The ways fit into two categories: methods that avoid probate and methods that require probate.

Transfer without probate can be accomplished only with advance planning and the right documentation. For example, setting up a living trust and deeding the house to the trustee sets the stage for another transfer when one of the trust beneficiaries dies. The trustee has legal authority, without probate, to convey title to whoever is specified in the trust document. Another example: a husband and wife can create a community property survivorship agreement so that the house passes to the survivor when either of them dies, without probate.

Transfer with probate relies on the terms of a valid last will and testament. There are several different types of probate allowed by law, each with a very specific application. For instance, if someone dies with a faulty will, or with a will that calls for judicial oversight, then the probate is done as a "dependent administration". If someone dies with a will that dismisses judicial oversight, the probate can be done as an "independent administration." If someone dies with a will and no debts, other than a secured lien on real estate, then the probate can be done as a "muniment of title."

When an estate qualifies for it, muniment is less complex and thus can be less costly than the other probates. In it, the will is reviewed by the judge and is admitted to probate – it is recognized as valid and as the true expression of the decedent’s wishes. The judge also orders that the persons identified in the will as receiving a particular asset should be treated by the world as owner of that asset for all purposes.

Thus, proof of ownership for that heir consists of two things: a copy of the judge’s order and a copy of the will. Typically the heir obtains one or more certified copies of those items from the judge’s clerk. One copy will be recorded in the deed records, and acts as the next link in the chain of title to establish that the heir named in the will actually owns the real property described in the court’s order.

AB: the least expensive, no hassle way to get title to the home in your name is to probate your husband’s will as a muniment of title. LAM: Muniment of title settles the estate by court order, pursuant to legal provisions in the probate code.