Probate for Muniment of Title, Part 2

We previously reviewed the information that you must provide to the Harris County Probate Court to apply for Probate of Will as Muniment of Title. Upon receipt of the required information, you must prove to the satisfaction of the Harris County Probate Court that the following facts exist:

  1. That the person is dead, and that less than four years have elapsed since the person’s death and prior to the application for Muniment of Title; and
  2. That the Harris County Probate Court has jurisdiction and venue over the estate; and
  3. That citation has been served and returned in the manner and for the length of time required by law; and
  4. That there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate.

In addition, you must prove that the Will is valid and that it was not revoked by the deceased.

If you fail to prove these requirements, the Harris County Probate Court will likely deny your application for Muniment of Title.

Speak with the Houston Probate Lawyer today to complete your Muniment of Title procedure quickly.

Probate for Muniment of Title

The formal administration procedures of the Harris County Probate Court are not always required. In certain cases, families can use the Muniment of Title procedure to administer property in a quicker, and often less expense, procedure.

In order to qualify for the Muniment of Title procedure in the Harris County Probate Court you must provide the court with the following:

  1. The name and domicile of the person applying for the Muniment of Title;
  2. The name, age if known, and domicile of the decedent, and the fact, time, and place of death.
  3. Facts showing that the Harris County Probate Court has venue.
  4. That the decedent owned real or personal property, or both, describing the property generally, and stating its probable value.
  5. The date of the will, the name and residence of the executor named in the will, if any, and the names and residences of the subscribing witnesses, if any.
  6. Whether a child or children born or adopted after the making of such will survived the decedent, and the name of each such survivor, if any.
  7. That there are no unpaid debts owing by the estate of the deceased, excluding debts secured by liens on real estate.
  8. Whether the decedent was ever divorced, and if so, when and from whom.
  9. Whether the state, a governmental agency of the state, or a charitable organization is named by the will as a devisee.

The Muniment of Title procedure is not available for everyone. Speak with a Harris County Probate Attorney today to represent you through the Muniment of Title process.

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