Muniment of Title — Transfer Title Without Appointing an Executor
When conditions are met, this court order can pass real property under the Will without full administration.
When This Route Applies
Signals It May Fit
- There is a valid Will and no necessity for administration.
- Debts are paid or adequately provided for (aside from secured real estate).
- Title transfer under the Will is the primary need (often real property).
When It May Not Fit
- Unresolved debts or the need for an executor to act on behalf of the estate.
- Disputes or contested matters (we do not take contested litigation).
Milestones
What to Expect
- 1
Filing & Proof of Will
File application and prove the Will for muniment of title.
- 2
Court Order
Court order entered admitting the Will as a muniment of title.
- 3
Title Transfer
Certified copies obtained; title companies and record offices notified for transfer.
- 4
Complete
No executor is appointed; limited follow-up compared to full administration.
Your Role vs. Our Role
You (Applicant)
- Provide the Will, death certificate, property information, and beneficiary contacts.
- Communicate with beneficiaries regarding the limited scope of muniment.
Praxis (Your Probate Team)
- Prepare filings; appear as needed; obtain court order and certified copies.
- Coordinate post-order steps with title company/recorder; provide beneficiary instructions.
Common Pitfalls
And how we prevent them
Attempting Muniment Where Debts Exist
We screen early for eligibility so you don't waste time on a route that won't work.
Title Company Uncertainty
We provide order language and certified copies that title companies accept.
Beneficiary Confusion About Scope
We explain what muniment does — and does not — do, so everyone is on the same page.
Checklist
Documents & Info We'll Need
- ✓ Original Will and any codicils; death certificate; property legal descriptions and deeds.
- ✓ List of beneficiaries; statements showing debts paid or provided for.
- ✓ Contact information for title company(ies) and county clerk/recorder.
What "Done" Looks Like
When we complete a muniment of title, here is what you can expect:
Court order admitting Will as muniment of title entered and certified copies issued.
Title and record offices processed; beneficiaries have instructions for follow-through.
No executor appointment or ongoing court supervision for this route.
Ready to Get Started?
Whether you already know muniment of title is the right path or you need help figuring out which probate route fits your situation, we are here to help.
Probate Pathway Consultation