When a loved one dies owning real estate in Texas, you usually expect months of probate. Yet Travis County courts offer a streamlined path called a muniment of title that can transfer property in weeks instead of seasons. You qualify only if the estate has no unpaid debts, but when the conditions line up, the process saves you court costs, attorney fees, and needless waiting.
What Makes a Muniment Different from Traditional Probate
A muniment of title is not an administration; it is a court order that declares a valid will to be self-executing. Once the judge signs the order, you record it with the county clerk, and the deed transfers instantly. You do not need an executor, you file no inventories, and you never publish creditor notices. Because the court’s role stops after the order, your paperwork stack shrinks dramatically.
Eligibility Requirements You Must Meet
First, you must hold an original will that meets Texas execution rules. Second, the estate cannot owe unsecured debts; mortgage liens do not disqualify you as long as the property stays collateral. Third, Medicaid estate-recovery claims must be absent. Finally, you have to file within four years of death unless you show good cause for the delay. Missing any one of these checkpoints sends you back to full probate.
Gathering Documents for a Smooth Filing
Start with the death certificate and the signed original will. Add a list of real-estate legal descriptions and a sworn statement explaining why no administration is necessary. Many families attach tax statements that confirm no outstanding ad-valorem taxes, strengthening the request. Preparing a proposed order for the judge speeds approval because the court can sign without revising your draft.