Legal Question in Wills and Trusts in Texas

Death of spouse

Must I apply for Probate of Will as Muniment of Title because my husband died?


Asked on 8/18/07, 8:23 am

1 Answer from Attorneys

Re: Death of spouse

First off, I'm sorry to learn of your husband's death. To answer your question, a muniment of title is appropriate if your husband's estate had no debts (aside from debts secured by real estate) and you need a court order simply to establish title to the possessions, per the terms of the will. There is no administration. You just show the order to the banks holding your husband's funds, and they should disburse funds per the terms.

If there are debts, or if the will contains complex language, or your bank is being difficult, then you may wish to consider getting letters testamentary, which allows you to step into the shoes of the deceased, and dispose of the estate accordingly.

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Answered on 8/18/07, 9:51 am


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