When a loved one passes away, navigating the probate process can feel overwhelming, especially when there’s only a piece of real estate involved. I hear one common question: “Do we need to open a full probate estate just because my loved one left me a house in their will?”
The good news is if the only asset your loved one left behind is a house or a piece of land – and there are no other probate-eligible assets – you don’t need to go through the entire probate process. Instead, there’s a more straightforward option.
In this situation, we can file a petition in probate court called a “Petition to Admit the Last Will and Testament for Muniment of Title.” This is a more simplified process focused solely on transferring the title of the real estate to the beneficiaries listed in the Will.
We’ll still need to appear before the probate judge, just like in a full probate case. However, unlike full probate, we won’t ask for “letters testamentary” to be issued, which means you won’t be appointed as a personal representative or executor. The court’s role here is simply to authenticate the Will and confirm the title transfer.
Once the judge admits the Will for “Muniment of Title,” an order is issued. We then take that order, attach a copy of the Will, and record these documents with the county registrar where the property is located. This recording serves as proof of your ownership of the property, making it easier to sell or transfer the property in the future.
By following this process, you avoid the more complex tasks of opening an estate, notifying creditors, and managing other probate obligations. This approach is efficient and tailored to cases where real estate is the only asset involved.
If you have any questions about how the probate process works or whether muniment of title is the right solution for you, please feel free to contact us.
