Muniment of Title proceedings offer a streamlined path for transferring assets when an estate qualifies under Texas Estates Code Chapter 257. While the process is often more efficient than a full administration, it still requires careful drafting and the correct sequence of filings to avoid delays or follow-up issues.

Below is a practical overview of how TXdocs supports Muniment of Title matters, including the forms available within TXdocs and answers to questions Texas attorneys commonly encounter when handling these cases.

Governing Law

Muniment of Title proceedings are governed by Texas Estates Code Chapter 257, which allows a will to be admitted to probate solely to establish title to estate assets, without appointing a personal representative.

Common Forms Used in a Muniment of Title Case

While every case is different, the following forms are typically assembled in roughly this order:

• 10.01 – Application for Probate of Will as Muniment of Title
  
  
• 10.03 – Order Admitting Will to Probate as Muniment of Title
  
  
• 15.07 – Proof of Death and Other Facts (Muniment of Title)
  
  
• 15.08 – Prove Up Questions (Muniment of Title)
  
  
• 18.19 – Waiver of Letters Testamentary in Favor of Muniment of Title
  
  
• 26.04 – Affidavit of No Debts
  
  
• 3.14 – Letter Ordering Certified Copies – Muniment of Title
  
  
• 10.05 – Letter Advising of Muniment of Title Procedures
  
  

MERP-Related Documents (When Applicable)

• 5.24 – Letter – MERP Form to Heir for Signature
  
  
• 5.25 – Texas MERP Authorization and Certification
  
  
• 5.26 – Letter – MERP Authorization to Agency
  
  
• 18.30 – MERP Hardship Waiver
  
  

Post-Probate and Asset Transfer

• 10.06 – Letter Transmitting Documents to Complete Transfer of Securities
  
  
• 10.04 – Affidavit Regarding Fulfillment of Will Admitted as Muniment of Title
  
  

Frequently Asked Questions

What if the original will is not available?

The 10.01 Application is designed to account for this situation. During assembly, you will be prompted to indicate whether the executed will, a copy, or no will can be produced in court.
If the original will is unavailable, the application includes the necessary additional language, including an explanation of the loss, the contents of the will, and identification of devisees and heirs.

Can I automatically assemble all forms needed for a muniment case?

Yes. You can create Form Sets to group all commonly used muniment documents together. This allows staff to pull up the full set at once rather than searching for individual forms.
Form Sets can be created under the Document Assembly tab, and support is available if setup assistance is needed.

Can I send my client an online intake for a muniment of title?

Yes. The Probate of Will Intake allows clients to provide details about the decedent, applicants, the will, and other key information upfront.
Once completed, the responses are stored with the case and can be used across all related documents without re-entering the same information.

What if the will is admitted as a muniment, but administration becomes necessary later?

If an administration becomes necessary after probate as a muniment of title, post-muniment conversion filings are available under § 257.151 of the Texas Estates Code.
Relevant forms include:

• 6.11 / 6.12 – Application and Order for Post Muniment Conversion
  
  
• Supporting Proofs and Prove Up forms located in Chapter 15
  
  

Practical Drafting Tip

Muniment cases often feel straightforward, but issues typically arise from missing documents, incomplete affidavits, or information that must later be re-entered for additional filings. Keeping all case data centralized and reusable can significantly reduce cleanup and rework as the matter progresses.

Want to streamline muniment cases even further?

TXdocs provides Texas-specific probate forms, reusable case data, and tools that help keep muniment filings accurate from application through post-probate steps.

 Explore TXdocs with a free 14-day and see how it fits your probate practice.