How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37390
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My mother in law passed away. She had no debt, liens,

Customer Question

My mother in law passed away. She had no debt, liens, mortgages or credit card and very little money. She had her personal property and the contents of their small home. In her will she leaves everything to her surviving spouse or her two sons if her husband dies before first. Before my father in law can do anything with the property he needs to probate the will, but in this case the muniment of title appears to be my father in laws best option. He's 82 and has health issues and limited funds, so what is the least expensive and quickest way for him to accomplish the above. The only real asset is their homestead. Is there an a application form for him to complete and submit with the will? Or does the application have to be drafted by an attorney? We have no doubt to the validity of the will since it was prepared by an attorney albeit many years ago.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I would agree that the muniment of title is the simplest, fastest and most cost effective way to transfer the house and other assets to father in law. The probate of a Will as a muniment of title is a mechanism where a Decedent’s Will is filed for probate, the Court recognizes the Will, but does not appoint an executor or administrator to administer the Estate. Rather, once the Court signs its Order establishing the Will as the Decedent’s true last Will, a certified copy of the Will and the Court’s Order can be used to transfer title in any property owned by the Decedent to those people listed in his Will. So the certified copy of the Will and the Order serve as an equivalent to a new deed to any real estate.

.

However, TX considers probate matters to be legal representation, so the courts require an attorney to represent the heirs in filing the Application to Probate Will as a Muniment of Title. The attorney will also typically file an Affidavit from the other beneficiaries of the will stating that they agree to use the Muniment process..

.

After filing these documents, the sheriff will post a notice on the courthouse steps that the decedent's will is being probated, and after ten days have elapsed the probate attorney will be able to set a hearing in the probate court so that a judge can hear the Application.

.

The attorney has to provide the court with 2 documents... the first is called a Proof of Death and Other Facts, a document noting, among other things, information on the decedent's death, place of residence, and will. The second is a proposed Order Admitting Will to Probate as a Muniment of Title, which will be signed by the judge after he hears the Application.

.

After the judge signs the Order, then it can be recorded along with a copy of the will in the local land records office to serve to transfer the property to father in law.

.

For what it is worth, this is what the Application looks like: Application to Probate Will as a Muniment of Title

.

.

thanks

Barrister