Houston Estate Planning and Elder Law Attorney Blog
Muniment of title is a process that can simplify estate distribution for beneficiaries, but it is not always the right tool for a decedent’s estate. How exactly does muniment of title work? And how can you know if it is right for your estate? Today’s blog post addresses these questions and serves as a guidepost regarding this important tool.
Muniment of Title: The Basics
Muniment of title refers to a process through which a decedent’s estate can go through a simplified probate. It is available to estates with minimal to no debts, with real estate as the main asset, and with few other complicating factors. When an estate elects to use muniment of title, the court does not need to appoint an estate executor. All the court needs to proceed is a valid, legal will, and the court can then approve the transfer of the decedent’s property from the estate to the beneficiaries.
How Do I Know Whether Muniment of Title is for Me?
If your estate plan includes a valid will and is primarily made up of real estate, muniment of title might be right for you. Importantly, the only debt in your estate should be liens on the real estate itself. You should also ensure that there will be no conflict over who inherits the real estate in your will before electing to use muniment of title.
On the other hand, if your estate includes a diversity of assets, muniment of title might not be right for you. If your estate is complex or if you think it requires an executor, you will also want to avoid muniment of title. To be sure, we recommend contacting a qualified Houston estate planning attorney to inquire as to whether this helpful tool might be right for you and your estate.
What are the Benefits of Muniment of Title?
Muniment of title’s primary benefit is that it expedited and simplifies the probate process. This, in turn, means your estate has to spend less money going through probate. It also means your beneficiaries can inherit your property more quickly. If your estate does qualify for muniment of title, we find it can reap significant rewards in the process of estate administration.
Are You Looking for a Houston Estate Planning Attorney for You and Your Family?
At McCulloch & Miller, we make sure every estate plan we create fits our clients’ individual needs and goals. If you are looking for a Houston estate planning attorney to walk you through your various options, know that you have the option of calling McCulloch & Miller. We have three decades of experience in the field, and our community trusts us to deliver them the results they need.
For a consultation with a Houston estate planning attorney from our team, give us a call as soon as possible at (713) 333-8900. You can also fill out our online form to tell us about your circumstances and have an attorney reach back out to you regarding possible next steps. At our firm, we cover probate, estate planning, elder law, trust administration, special needs planning, and more.