What Happens After You Probate a Will as a Muniment of Title?

Clients often ask what happens after the court admits a will into probate as a muniment of title only. In a muniment of title procedure, the court process usually stops there. Depending upon the nature of the estate, the client may have a little more work to do.

Upon request and payment, the clerk merely issues a certified copy of the will and the order admitting will to probate to the heir. The heir then presents these certified copies to third parties who can then read the will and easily make a determination who is entitled to the decedent's property. No Letters Testamentary are issued because no executor is appointed in a muniment of title procedure.

Subsection 257.102(a) of the Texas Estates Code provides that "An order admitting a will to probate as a muniment of title constitutes sufficient legal authority for each person who owes money to the testator's estate, has custody of property... belonging to the estate, or purchases from or otherwise deals with the estate, to pay or transfer without administration the applicable asset without liability to a person described in the will as entitled to receive the asset." Subsection 257.102(b) provides that "A person who is entitled to property under the provisions of a will admitted to probate as a muniment of title is entitled to deal with and treat the property in the same manner as if the record of title to the property was vested in the person's name."

For those who are probating a will in the same county where the decedent's real estate is located, the process is easy. The probate records are already on file with the county clerk. Thus, for title purposes, the heirs listed in the will are the record owners of the property. The heirs need only take a certified copy of the will and the Order Admitting Will to Probate as a Muniment of Title to the county appraisal district to put the heir's name on the tax rolls. While there, the heir should also remove any of the decedent's exemptions that the heir is not entitled to and request the exemptins that the heir is entitled to. For most people, you may have to remove an over 65 exemption. If the decedent deferred property taxes, you may also have to pay those taxes.

For those estates that have real property in a county outside of the county where the will was probated, there are additional steps that must be taken for the heir to become the record owner. The heirs must file a certified copy of the will and the Order Admitting Will to Probate as a Muniment of Title in the property or deed records with the County Clerk in each county where the decedent owned real property. This includes mineral interests such as oil and gas leases. As described in the previous paragraph, the heir should also take the certified copies to the county appraisal district to put the heir's name on the tax rolls in the outside county.

For those estates that have real property in a state outside of Texas, there are additional steps that must be taken for the heir to become the record owner. Each state has different requirements. In easy states, it is sufficient to file a certified copy of the will and the Order in the property or deed records with the County Clerk in each county where the decedent owned real property or mineral interests. In harder states, the process is more difficult, often requiring an additional probate case called an ancillary probate. These states believe that the essence of a state is its land, and no Texas court is going to tell that state who owns what. New Mexico and Colorado are easier states. Oklahoma and Louisiana are notoriously difficult. Consult an attorney in the non-resident state for more information. Because the Texas court is going to keep the original will, you should ask for an exemplified copy of the will for use in the ancillary probate matter.

You will NOT receive a new deed for the real property (houses, land, or mineral interests) of the estate. For a discussion why, please see our webpage on the topic: How do I get a new Deed to Inherited Real Property?