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Types of Probate

Texas probate law provides many different types of procedures tailored to specific situations. The most common and the one most people think of when they consider "probate" is an Independent Administration with a Will. We discuss the process of independent administration in more detail here. Below you can find information about some additional types of probate:

Probate of Will as a Muniment of Title

Probating a Will as a muniment of title is a simplified process that is used when a person dies with a valid will but has no debts, other than those secured by real property, or those debts have been paid off by the time the probate is filed. Since there are no debts, there is no need for an "administration," so the only issue is whether there is a valid will. A "muniment" is an old-fashioned word that means a document that provides evidence of ownership. When probating a Will as a muniment of title, an application for probate is filed. After the sheriff posts the required notice, the court holds a hearing. At the hearing, the court examines the Will and hears testimony from the applicant for probate identifying the Will and testifying that there are no debts of the estate. The court then enters an order admitting the Will to probate as a muniment of title. The order gives the will beneficiaries title to the property of the deceased person. This is a straightforward process that can be accomplished in a relatively short time and relatively inexpensively.

 

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