Hello. My mother passed away two years ago, and my father would like to have the title to their house, which they co-owned, transferred into his name only. Everything else was taken care of without going through probate. He doesn’t want to pay a lawyer, so he has asked me to help him apply for muniment of title. This appears to be a very tedious process, especially for Harris County, Texas, where he lives. My father is 90 years old and doesn’t have access to a computer, so there is no way he could do this on his own. But I’m not sure how to go about this either. My questions are: 1) Is it really necessary for him to apply for muniment of title or can he simply present my mother’s death certificate to the County Clerk and have them file it with the original title for the house? 2) Is it reasonable to think that I can undertake applying for muniment of title on his behalf without a lawyer and, if so, what steps would I have to take? Thank you.
Presenting a death certificate will not transfer title. Your father must be represented by an attorney and go through an abbreviated probate proceeding to probate the Will as a Muniment of Title. If there is no Will, there must be an heirship proceeding.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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