In this series of blogs, I am outlining various different types of probates or probate alternatives to settle an estate and their likely costs. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed. This type of probate is the least expensive formal, court-administered proceeding.
What Is Probate As A Muniment Of Title?
This is a simplified form of probate available in Texas if 1) there are no debts of the estate other than liens on real estate and 2) no other administration of the estate is required. This probate allows passage of assets to the named beneficiaries in a will simply by presenting an order admitting the will to probate to third parties.
Cost Of A Probate As A Muniment Of Title
The cost of this type of probate is usually much less than any other form of probate because it is so simple. All that is required in a muniment of title proceeding is:
- Filing the application
- Obtaining the required service of citation
- Appearance at a hearing for the judge to sign an order admitting the will to probate as a muniment of title.
The filing fee with the county clerk is usually about $350-$375. The attorney’s fees to handle the proceeding generally range from about $1,000-$2,000, depending on the location of the probate, if the attorney has to travel for the hearing, and other factors.
Possible Additional Cost
If the deceased person owned real estate in counties other than where the probate was filed, certified copies of the probate documents will need to be obtained and filed in each other county. The cost of obtaining the certified copies usually is between $30 and $50, and the cost of filing these copies in each county is likely about the same.
Explore Whether This Type Of Probate Is Appropriate In Your Case
If you are looking at how the estate should be handled if your deceased loved one had a will, you should explore with your attorney whether the muniment of title proceeding is a good way to go. The cost savings could be substantial versus a full probate, even if it is an independent administration.
If you would like to talk about more about probate or administration of an estate, please call Adair M. Buckner for a free initial consultation.*
*The free consultation does not cover actual review of documents or giving legal advice on a specific situation.
** Please remember that the cost estimates given are only general, ballpark numbers for the Amarillo area and the costs can vary widely depending on many variables in your individual situation.