Q: Can I file my mothers will as Muniment of Title under these circumstances?
My mother passed away September 2015 leaving me as her sole heir and executor of her will. Her Northeast Texas estate consists of a small 840 square foot frame house (mortgage/debt free) and its contents sitting on .92 acre of land, and a checking account containing $352. The only debt she has remaining are 3 credit cards totaling a little less than $2,000 and one medical bill totaling $134, making her total remaining debt $2,095. Being her sole heir, instead of going through the regular probate process of listing all of her assets and spending a lot of money I don't even have on expensive legal fees, can I file her Will as a muniment of title if I pay her outstanding unsecured debts and show proof they're paid? This is all new to me and I really don't know what my options are. Thanks.
A:
For probate as a Muniment of Title, an estate must have (1) a will and (2) no debts not secured by real estate.
Talk to a local probate attorney about the possibility of filing an Affidavit of Small Estate.
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