Legal Question in Wills and Trusts in Texas
Muniment of Title
Q - Can I file for Probate as Muniment of Title if more than 4 years have elapsed since date of death. Father died 9 years ago (1994) with will. Never probated. All property (one homestead, value $110K) to be devised to three heirs (children). No other property. No debts unpaid. Just need title to home to sell. The forms for Muniment of Title for Texas all indicate no more than four years may have elapsed since death. Is there a better way to go to get title to the property transferred to heirs names? Austin, Travis County, Texas.
4 Answers from Attorneys
Re: Muniment of Title
Well, you got quite a bit of advice, some of it conflicting.
The correct answer is maybe. Filing a will as a muniment of title generally requires that you file within four years of the death. However, when probating solely as a muniment of title, courts often allow a party to go substantially past the four year period if there is good cause. Many cases have been decided on this matter. You need a smart lawyer in Austin. That is where the legislature meets, so it is full of lawyers at the moment. Good luck. An affidavit of heirship might be an alternative, especially if the same people who would take the title under the will are the ones who take under an affidavit of heirship...
http://www.reasonable-doubt.com
Re: Muniment of Title
go hire a lawyer. He can possibly do this with an affidavit of heirship. Any probate proceeding is too late. more than 4 years from date of death.
Re: Muniment of Title
you probably have to file an application to determine heirship, because more than four years have elapsed. contact an attorney.
Re: Muniment of Title
You can file to probate the will as muniment of title. You may have to explain to the Court why it wasn't filed within the usual four-year period.
The four-year limit is for probating a will requiring administration. Your situation doesn't require administration.
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