Houston Estate Planning and Elder Law Attorney Blog
If one of your loved ones has recently passed, and that loved one died both with a will and without any debts, you might be able to probate your loved one’s estate through Muniment of Title. Muniment of Title is a tool that shortens the time that probate typically takes, and it allows for a more efficient and cost-effective solution for beneficiaries. There are, however, certain things to keep in mind if you are wondering whether Muniment of Title might be right for you.
Requirements for Muniment of Title
As mentioned, for a person’s estate to qualify for Muniment of Title, the person must have died both with a will and without any debts. Thirdly, the person must not have applied for Medicaid benefits at any point in his or her lifetime. The applicant (typically an heir) for Muniment of Title must be able to testify to these three facts, both in written and oral form.
The Process for Muniment of Title
Once an applicant determines that his or her loved one’s estate meets these requirements, the applicant submits the required documentation to the court. Although the process is relatively straightforward, we recommend having a Houston estate planning attorney look over the paperwork to make sure everything is procedurally correct before submitting. Once the court receives and approves the will, the court will post notice for ten days, advising the public that it will be holding a hearing on the decedent’s estate.
Once the ten days have passed, assuming no one has contested the Muniment of Title process, the court holds a hearing in which the applicant testifies about the decedent’s will. Then, the court approves the will, and the applicant files an additional document with the court once he or she has been able to execute the terms of the will. This additional document must be filed within 180 days of the hearing.
What are the Advantages of Muniment of Title?
The primary advantage to Muniment of Title is that it speeds up the probate process. It saves families significant time, money, and stress. Muniment of Title also saves families attorney’s fees, since they do not need legal counsel for as long as they otherwise might.
Have You Called McCulloch & Miller for Your Estate Planning Needs?
At McCulloch & Miller, we are a team of Houston estate planning attorneys with decades of experience in helping our clients set up their estate plans for success. We are experts in every step of the estate planning process, from drafting the initial plan to probating a will. Our team is proud to take on cases that vary widely in size, complexity, and nature, and we would be thrilled to discuss your estate plan with you to see how we can be of service to you and your family. To set up a consultation with a Houston estate planning attorney from our team, call us today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case as soon as possible.