Probating a Will in Tennessee can seem like a daunting process. But in certain situations, a fast process known as Muniment of Title may be available. This is a simplified process to transfer property’s legal title to a Decedent’s (deceased person’s) Beneficiaries.
Muniment of Title avoids the complexities and time of a full probate while ensuring clear title to the Decedent’s property. Let’s talk about what Muniment of Title is, how it works, and when it’s appropriate to use.
What is a Muniment of Title?
The phrase Muniment of Title is a common law term. It’s a legal term for a document that provides evidence of ownership over a given piece of property. For real estate, this is generally a deed.
When you purchase a house, the seller executes a deed at closing and transfers the property to you as the new owner. The deed is the Muniment of Title – the legal paper that shows you are the owner.
But real estate can also transfer to a new owner when the previous owner dies. In such a case, the Decedent’s Last Will & Testament can fill this role. The document shows that the Decedent transferred property to a specific person upon death.
In Tennessee, this is available for both real estate and personal property. Tenn. Code Ann § 32-2-111 is the governing statute. This process is typically done for real estate, as creating a chain of title for real estate is far more critical than for personal property.
The process allows a Beneficiary of a Will to offer the Will to probate for the limited purpose of establishing it as a Muniment of Title for specific property. There is no appointment of a personal representative, no notice to creditors, and no inventory or accounting.
The process is usually complete on the day the court issues an order admitting the Will as a Muniment of Title.
When is Muniment of Title Available?
While appealing, Muniment of Title is not always available. If there are bank accounts, investment accounts, business interests, and other types of property at hand, then formal administration is likely needed.
Additionally, if the Decedent did not have a Will, Muniment of Title is not available. There is no document to offer as evidence of title.
Sometimes there are outstanding unsecured debts. Those also have to be handled through the creditor claims process. This means the court must appoint a personal representative for the estate. The creditor claims period lasts four months in Tennessee, and creditors may be able to file a claim up to one year after death in some situations.
Another practical consideration is that title companies often want to see that probate was complete so that there are no creditor claims lingering. If a Beneficiary wishes to sell real estate within a year of the Decedent’s death, a title company will often hold funds until the one-year mark.
The way to avoid this is to go through the creditor claims process. But this means more work and time spent on fully probating the Will.
If it has been more than one year, then Muniment of Title may be the best way to go, as creditors would not be allowed to file claims at that point.
How Does the Process Work?
There are several steps to complete this process. But this all can be completed quite rapidly.
- File a Petition with the Court. Either the Executor or Beneficiary has to file a petition with the probate court in the county where the Decedent lived. The petition asks that the court admit the Will to probate as a Muniment of Title instead of opening an estate to formally administer.
- Court Review and/or Hearing. After filing the petition, the probate court reviews the petition and documentation provided along with it, including the Will. In some localities, like Rutherford County, there must be an initial hearing to open an estate for administration or for Muniment of Title.
- Court Order to Admit the Will as a Muniment of Title. After reviewing the petition and documentation, the probate court judge will sign an order admitting the Will as a Muniment of Title and directing that the clerk record a certified copy of the Will and the order.
- Recording the Will and the Court Order to Update Title. The clerk then takes the paperwork and makes a certified copy. This then goes to the County Register of Deeds, which formally updates the owner of record.
Closing Thoughts on Muniment of Title for Probate
Muniment of Title offers a speedy and certain way to formalize the transfer of property by a Will. When it’s available, it allows you to bypass the time and expense of full estate administration and instead establish title almost immediately.
Determining if this is available to you requires a legal assessment of the situation. Connell Law, PLLC provides residents of Rutherford County and the surrounding area with assistance in probate and estate planning.
Reach out to us today to request your free consultation to see if this process is available to you as a Beneficiary of Will.
