There are no shortcuts in life (they say) but when it comes to a deceased’s estate upon death these may count: 

  • Shortcut #1 – Muniment of Title: If the deceased’s estate meets the criteria below then it is eligible for muniment of title which allows assets to transfer directly to beneficiaries.
    • There must be a valid Will.
    • The deceased’s estate must have no unpaid debts other than one secured by a lien on real estate.
    • There must be an application filed to probate Will by Muniment with some special language about debt.

 

  • Shortcut #2 – Small Estate Affidavit: If the deceased died without a Will the heirs may be able to use the “small estate affidavit” to transfer ownership of the assets if:
    • Assets are greater than the debts of the estate (excluding homestead value and associated debt).
    • 30 days have not passed since the date of death.
    • No petition for appointment of Executor has been granted.
    • Value of estate (excluding homestead) is not larger than $75,000.
    • An Affidavit is filed with the clerk of the proper court.

 

PS. Just because your situation may fit into one of these categories doesn’t mean the banks/investment companies will accept them.  Call us to talk it over before taking any action.