Nashville View

Muniment of Title

Estate Planning Attorneys Guiding Residents of Nashville and Beyond

The probate process assists in making sure that an individual’s assets are distributed as intended upon their death. However, this process may often be drawn out, leaving matters in limbo for extended periods of time and for longer than necessary in some cases. When title to real property in Tennessee needs to be transferred, a will for muniment of title may be filed by the intended beneficiary to move proceedings along in that regard. The Nashville estate planning lawyers at Martin Heller Potempa & Sheppard PLLC help make sure that the probate process moves efficiently for their clients, aiding them with executing instruments and following proper procedures. Our firm takes the time to discuss the concerns and goals of each client in estate planning endeavors so that the right steps are taken to serve their interests. If you need help with muniment of title or another estate planning issue, contact our office today to find out about how we can assist you.

Muniment of Title and Probate Alternatives

In a typical probate process, all of a decedent’s assets are transferred to designated beneficiaries or heirs at law. Such assets will include all of their real property, trusts, bank accounts, and other personal property. Transferring title to an estate begins with petitioning the court, accompanied by filing any will in existence or the statement of an heir. After this step, a personal representative is appointed, and the process of probate continues as long as necessary to pay off debts and make sure that other affairs are in order. In Tennessee, there are several options available to expedite or sometimes avoid the probate process. If an individual’s estate is valued at under $50,000, it qualifies as a small estate and may be expedited with a simpler procedure.

Muniment of title is another option available to individuals who wish to avoid the lengthier process of probate. Pursuant to Tennessee law, a beneficiary’s right to title in real property left via a will vests at the moment that the decedent passes. To probate a will for muniment of title, two requirements must be met. First, the beneficiary who is seeking this option must only be transferring ownership of real estate; no other type of property is subject to muniment. Second, the decedent must have executed a valid will. If those two requirements are present, a beneficiary may file a petition, accompanied by the valid will, to transfer title of the property. At this point, the court will not need to issue letters testamentary or be required to oversee additional administrative proceedings. Generally, these actions may be filed and closed within the same day instead of going through the entire probate process.

Discuss Your Circumstances with a Probate Lawyer in Nashville

If you need assistance with a muniment of title action or another probate matter, the Nashville attorneys at Martin Heller Potempa & Sheppard PLLC can help you determine how to proceed. Our firm represents people seeking a probate lawyer throughout Williamson and Davidson Counties, including in Franklin, Hillsboro Village, Brentwood, Hermitage, Cool Springs, and Bellevue. You can call us at 615-800-7096 or contact us online to find out more about our legal services.