In Texas there is a unique alternative to probate known as a “muniment of title.” It is used whenever a person dies owning only real estate in Texas. This process essentially treats the will as a deed (a muniment) transferring the ownership of the property (title) to the person set out in the will. This works well when there is no controversy as to the persons set out in the will. For example, if the deceased died after several marriages or with illegitimate children, and the will leaves the property to the children, it would not be clear who the deceased’s children were. A muniment of title might not be the best approach. If the will leaves the property to “my spouse” and names that person, it is pretty clear.
Using this process is generally a simpler and less costly way of transferring title after death. If you are dealing with out of state attorneys or financial institutions, it is likely, however, that they will not know about this procedure unique to Texas.
