Muniment of Title means to probate a will quickly and cost-efficiently when there is no need for administration of the estate. A court may probate a will as a Muniment of Title if the court finds that the will should be admitted to probate, that there is no need for an administration, and that there are no unpaid debts of the estate other than liens on real estate. One of the purposes of this limited form of probate is to provide continuity in the chain of title to estate properties by placing the will on the public record.
In normal probate where an executor is appointed and files his oath, Letters Testamentary are issued by the clerk to the Executor. Letters Testamentary are the documents that show that the Executor has been duly appointed and is the legal owner of the estate’s property. Legal ownership needs to be distinguished from beneficial ownership. The beneficial owners are the persons named in the will to receive the property. The Executor is the legal owner which gives him the right to gather all of the assets of the estate to distribute to the beneficiaries. The Letters Testamentary are required by many financial institutions before they will release accounts belonging to the decedent. Letters of Administration are the exact same thing but are issued when an Administrator is appointed rather than an Executor. An Administrator is appointed when there is no will. Filing a will as a Muniment of Title can make the probate process easier if no administration is necessary and no debts are owed by the estate.
