Legal Question in Wills and Trusts in Texas

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.