Probate of a will as a muniment of title is an abbreviated procedure found in Texas to transfer property left by a will, without going through a more involved probate process. With this procedure, the will is probated, but the court does not appoint an executor or administrator, and there is no administration of the estate. A certified copy of the court's order with a certified copy of the will attached is simply used as proof of title.

This procedure can be used when a person leaves a will, and leaves no debts which are not secured by real estate. This procedure is not suitable where someone must administer the estate, i.e. to gather assets, pay bills and distribute proceeds to those who inherit.

An advantage of this procedure is that the estate is vested in the beneficiaries in the shortest possible time. A possible disadvantage of this procedure is that if there are corporate securities and similar investments, sometimes out of state transfer agents do not understand this simplified Texas procedure, and we can have difficulty getting them to make the required transfers. If we know in advance that there are corporate securities in the estate, it is probably a good idea not to use this procedure if there is a viable alternative.

1. We must file an Application to Probate the Will as a Muniment of Title which must
   1. Be sworn to by the applicant
   2. Include a filing fee
   3. Attach the original will
2. Notice of the application must be posted at the courthouse for 10 days prior to the Monday of the week in which the hearing is scheduled. The judge may require that we serve personal notice on other heirs, family members or beneficiaries under the will.
3. We schedule a brief hearing after the notice period has passed. At the hearing the following happens:
   1. A witness must testify as to the date and place of death and as to the will and the signature on the will.
   2. The witness in open court signs the same testimony, in written form. This document is called Proof of Death and Other Facts.
   3. If the will is not self-proved with the current Texas form of self proving affidavit, additional witnesses will have to prove the will.
   4. At the conclusion, the judge should sign an order admitting the will to probate as a muniment of title.
4. We file a certified copy of the order in the deed records of each county in which the decedent owned land. A copy of the order can generally be used to transfer title to other assets as needed.
5. The Probate Code does not require that an inventory of the decedent's property be filed, but the probate judge can and frequently does require the filing of an Inventory, Appraisement, and List of Claims.
6. The judge may also require that we prepare and file with the court a statement that all property has been transferred to the rightful recipient.

1. The original will
2. A copy of the death certificate
3. Filing fees
4. A witness to testify in court concerning the fact of death, signatures on the Will and other matters (usually the applicant for probate).
5. Witnesses to the Will if it is not accompanied by a self-proving affidavit in the Texas statutory form.