Title Probate (Muniment of Title) Attorney in Austin, TX

Title Probate for Austin Families

When a loved one leaves a will and the estate has no bills left to pay, Texas offers a short way to transfer what they owned: probating the will as a muniment of title, which we call title probate. There is no executor, no inventory and no notice to creditors. The judge admits the will, and the court’s order becomes the proof that the house, accounts and other property now belong to the people named in the will.

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated November 2026

When Can You Use Title Probate in Texas?

The court can admit a will as a muniment of title when it is satisfied the will should be probated and the estate owes no unpaid debts except debts secured by a lien on real estate, or when it finds for another reason that no administration is needed (Tex. Est. Code § 257.001). In practice, title probate usually fits when:

• There is a valid will. The original is best. A copy can sometimes be probated, but it takes more proof. See lost or missing wills in Texas.
• The bills are paid. A mortgage or home equity loan does not rule it out, because it is secured by the house. Unpaid credit cards, medical bills or personal loans usually do, unless they are paid first.
• Medicaid has no claim. If the person received Medicaid long-term care benefits, the state’s estate recovery program may have a claim against the estate, which can rule out title probate.
• Nobody needs to act for the estate. If someone has to collect money, sue, run a business or sell property before it is distributed, the estate usually needs an executor instead.

What Title Probate Can and Can’t Do

Some banks and brokerages prefer letters testamentary even though the law says the court’s order is enough. We check with them before filing so there are no surprises.

How Title Probate Works With Our Firm

1. Free case review. We read the will, look at what the person owned and owed, and confirm title probate fits.
2. Application. We prepare and file the application to probate the will as a muniment of title in the county where the person lived (§ 257.051 lists what it must include).
3. Notice. The clerk posts notice of the application. The hearing can usually be set after a short notice period, often about two weeks after filing.
4. Short hearing. The applicant testifies briefly about the death, the will and the debts, and the judge signs the order admitting the will.
5. Record and transfer. We record certified copies of the order and will in the property records of each county where there is real estate, and send copies to the banks and companies holding assets.
6. Report to the court. Within 180 days, the applicant files a sworn affidavit stating which terms of the will have been carried out (§ 257.103). The court can waive or extend this.

How Long Does Title Probate Take?

Often about 1 to 3 months from filing to signed order, depending on the court’s calendar and how quickly we receive the death certificate and original will. Recording the order and transferring accounts usually takes a few more weeks.

Is Title Probate Cheaper Than Other Probate?

Usually, yes. Title probate is generally the least expensive kind of probate in Texas, because there is no executor, no bond, no inventory, no creditor notices and fewer court filings. Probate with independent administration costs more, and Probate with dependent administration costs the most. We give you a written flat-fee quote after the free case review. See how much probate costs in Texas.

When Title Probate Isn’t the Right Fit

• The estate owes debts or needs someone with authority to act: Probate with independent administration.
• The family disagrees or the estate may not be able to pay its debts: Probate with dependent administration or contested probate.
• There is no will: proving heirship or a small estate affidavit.

Where the Case Is Filed

Probate is filed in the county where the person lived when they died. We handle cases in:

• Travis County: Travis County Probate Court No. 1 and No. 2 in Austin. See our Travis County probate attorney page.
• Williamson County: filed with the County Clerk in Georgetown and heard by the county courts at law. See Williamson County probate.
• Hays County: filed in San Marcos and heard by the county courts at law. See Hays County probate.

Many hearings are short, and family members who live out of town can often handle much of the process with us by phone, video and mail.

Why Families Choose Henington Lewis

• Both attorneys handle probate. Turner Henington and Samantha Lewis handle probates, heirship cases and executor problems, and Samantha handles estate disputes if a disagreement comes up.
• A written quote before anything is filed. After a free case review, we tell you which kind of probate fits and give you a written flat-fee quote.
• Tax background. Turner is a former KPMG tax accountant, which helps with an estate’s final income tax returns and any estate tax questions.
• You work with your attorney. You talk to the lawyer handling your case, not a call center.

Get a Free Probate Case Review

Tell us a little about the situation and an attorney will contact you as soon as possible. There is no cost and no obligation. You can also call (512) 737-8404.

What Our Clients Say

Title Probate FAQ

Is title probate the same as a muniment of title?

Yes. Title probate is our name for probating a will as a muniment of title under chapter 257 of the Texas Estates Code. The court admits the will, and the order serves as evidence of who now owns the property.

Can we use title probate if the house has a mortgage?

Yes. Debts secured by a lien on real estate, such as a mortgage or home equity loan, do not rule out title probate. The loan stays with the house, and the beneficiaries take the house subject to it.

Can title probate be used if there is no will?

No. Title probate requires a will. Without a will, the heirs are proven through a court heirship proceeding, an affidavit of heirship or, for small estates, a small estate affidavit.

Will the bank accept a muniment of title?

Texas law says the order is enough authority for a bank or other company to transfer the asset without administration, and many accept it. Some ask for letters testamentary, so we check with the institutions before filing.

Can the family sell the house after title probate?

Yes. After the order and will are recorded, the beneficiaries own the house and can sell it themselves. Title companies usually ask for certified copies of the order and will.

Can title probate be used more than four years after the death?

Often, yes. After four years, a will can generally be admitted only as a muniment of title, and only if the applicant was not in default for waiting. The heirs must usually be notified.

Other Types of Probate We Handle

• Probate with independent administration
• Probate with dependent administration
• Small estate affidavit
• Heirship (no will)
• Probating a will after 4 years
• Austin probate attorney: all probate services
• Contested probate and will contests

Related Guides

• Letters Testamentary in Texas: How to Get Them
• What Is a Muniment of Title in Texas?
• How Long to Transfer Property After Death in Texas
• When Is Probate Necessary in Texas?
• Does a Surviving Spouse Need Probate in Texas?
• How Long Do You Have to Probate a Will in Texas?
• How Much Does Probate Cost in Texas?

Sources and Texas Law Cited

• Tex. Est. Code chapter 257 (probate of will as muniment of title)
• Tex. Est. Code § 257.001 (when a muniment of title is allowed)
• Tex. Est. Code § 257.102 (authority of persons acting on the order)
• Tex. Est. Code § 257.103 (report after probate)
• Tex. Est. Code § 256.003 (four-year period)

This page is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.