Muniment of Title

What is a "Muniment of Title"

A muniment of title proceeding under the Texas Probate Code requires the filing of an application to probate a will as a muniment of title, and a court hearing on the application.  The word "muniment" means "evidence." The probate court will hear testimony on the validity of the will and the death of the maker of the will.  If the application is approved, the probate court will admit the will to probate as a Muniment of Title only, because no formal administration of the estate is necessary or required (and because no debts are owed by the estate, except for debts secured by real property).

Upon receipt of a certified copy of the probate court’s order and a certified copy of the will, all persons or companies who have custody of estate assets are authorized to deliver such assets to the beneficiaries or devisees who are identified in the will.

Muniment of Title actions are most often used when the sole or primary asset of an estate is Texas real property.  Stock transfer agents located outside of Texas normally will not recognize or act upon an order of a probate court in a muniment of title proceeding.  Therefore, this type of action is almost never successfully utilized to transfer title to securities, cash type assets, or brokerage account investments.