Irving Muniment of Title Attorney

Lawyer in Dallas County for Straightforward Transfers of Real Property

At Andrew Dunlap Attorneys, PLLC in Irving, Texas, we know that the period after a loved one's death can be extremely difficult for everyone who was close that person. Unfortunately, it is often during this period that important decisions must be made regarding the deceased person's assets and property. Depending on the situation, your loved one's estate may need to go through probate before you and other heirs can receive the inheritances your loved one intended for you. Unfortunately, probate can be time-consuming, stressful, and expensive.

The good news is that there might be a way for you to legally receive your inheritance faster and easier than through traditional probate. This method is known as "Muniment of Title," and our team can help you learn more about it.

What is Muniment of Title?

Muniment of Title is a procedure that is unique to the state of Texas, and it allows a document, such as a person's will, to be treated by the court as proof of title to property. This process is often available in situations involving relatively small, uncomplicated estates for the posthumous transfer of real estate, mineral rights, and similar property interests. If a full, formal administration of the estate is necessary, a Muniment of Title is not likely to be approved. Exceptions to this rule may apply if the estate has not been settled more than four years after the decedent's death.

To probate a will in Texas, there is usually a requirement to appoint an estate Executor or Administrator. However, in the limited situations where it is appropriate, a Muniment of Title offers a streamlined process that bypasses the typical administration of a will.

By presenting the will before the probate court, the parties are basically asking the judge to recognize them as owners of the properties designated to them and that no other court action is necessary on the estate. In this instance, the will acts like a deed proving ownership over a particular property. Because there is no administration, probating a will as a muniment of title can be faster and less expensive than a formal administration. This is not always the case, however, so it is important to discuss your specific situation with a skilled estate administration lawyer from Andrew Dunlap Attorneys, PLLC.

When is a Muniment of Title Possible?

If you hope to have your loved one's will probated as a Muniment of Title, the following must all be true:

• Your loved one's will must be valid.
• A Texas court must have jurisdiction over your loved one.
• There must be no outstanding debts owed by the estate, except those that are secured by liens on the property in question.
• No Medicaid claims can exist against the estate.
• Formal administration of the estate must not be necessary.

If all of these conditions are met, the Muniment of Title and the remainder of the proceedings can continue with an Executor or Estate Administrator being appointed.

Protecting Your Best Interests

While a Muniment of Title offers the potential for savings of time, money, and hassle, the process is not the best option in every situation. For example, if your loved one's estate plan directed that their real estate property should be sold to pay creditors before the proceeds can be disbursed to the heirs, a formal administration may be needed instead of a Muniment of Title. Likewise, banks and financial institutions outside of Texas are often not familiar with the process, and they might be reluctant to release funds based on a Muniment of Title. In such situations, Attorney Andrew Dunlap and his team can help you find more appropriate alternatives.

Contact Our Office Today

To learn more about how a Muniment of Title could help you secure your loved one's real estate property, contact the offices of Andrew Dunlap Attorneys, PLLC at 972-807-6357 today. We are here to provide you the guidance you need to ensure that your rights and best interests are fully protected. Our team serves clients in Irving, Dallas County, and all of North Texas.