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How do we admit to the clerks office, a muniment of title?
Anonymous4 views3 answers
We simply want to transfer the deed title name from our Mothers to our names. She is deceased, there was a simple will that gave us the house. There are no assets, there are no creditors, no money, no bank account, no mortgage, no liens, no nothing, just a house. The house is solvent and has been for 30 years. There is no need for a probate, lawyers, or any legal actions, as there are no disputes. We have the title, the will, the death certs and wont mind paying a transfer fee. What is the process to make this happen?
In order to transfer the title of record you must file an application for probate of the will as a muniment of title. In this application, you ask the court to find that the will is valid and tell the court that there is no need for the administration of the estate. If the court is satisfied that the will is valid, that the estate has no unpaid debts (other than debts secured by liens on real estate) and that there is no necessity for administration, the judge will sign an order admitting the will as a muniment of title. A certified copy of the order and the will would then be filed in the real property records of the county where the property is located. You say that there is no need for lawyers but I would recommend that you find a lawyer who can guide you through this process.
This was neither a business question nor a title transfer question so I changed the categories so you would get better responses. You can't do a Muniment of Title probate without a lawyer. Dallas county probate courts will not help you and you will screw it up. You say there are no assets but there are. There is a house. It is an asset. It has value or you wouldn't be interested in it. Get an experienced lawyer and get this done quickly and painlessly.
Isaac David ShuttWills and Living Wills LawyerRichardson, TX ·
You need a lawyer. Courts require it. More is involved than filing papers for a transfer. If it were that way, what would prevent me from claiming I am the heir and transferring the house into my name? The court has lots of interests to protect here. Muniment won't cost much from most attorneys.
