Probating a will to establish muniment of title is a useful form of probate to transfer real property when that property is the only asset of the deceased when he died. To file a muniment of title petition, there must be no other substantial asset that the decedent owned at his death. So there cannot be any bank accounts, retirement accounts, or any other such assets in the decedent’s name only. Additionally, the deceased must have a will at his death. You cannot file for a muniment of title if there is not a will. Here is an example of how a muniment of title works:
Father dies owning two parcels of real property deeded in his name only. Father owns no other assets. He does have a will that leaves one parcel to his daughter and the other to his son. His executor could take the will and file for a muniment of title with the court. Once the court issues an order approving the muniment of title, the order is filed with the Register of Deeds office. This establishes his children as owners of their respective properties. Note that the only assets that go through this limited form of probate is real property. So if David had real estate and a bank account with $100,000.00 that would require an actual estate to be opened with the probate court.
Thomas Steelman 
Crow Estate Planning 
Julia Mynhier 
