In re Estate of Jones, 286 S.W.3d 98 (Tex. App.—Dallas 2009, no pet.).

Estate Administration

Setting Aside Probate of Will as a Muniment of Title


After Wife died, Husband probated her will as a muniment of title. Almost two years later, Daughter filed an application to set aside the probate. Daughter alleged that some of the devised property was not in Wife’s estate at the time of her death as well as the existence of unpaid debts at the time of probate. The trial court rejected Daughter’s application and the appellate court affirmed.

The court explained that Daughter’s action was not a will contest governed by the two year statute of limitations in Probate Code § 93 because she was not attempting to show that Wife’s will was invalid. The court also determined that Daughter did not show that the trial court made a substantial error by admitting the will to probate thus she was not entitled to a bill of review under Probate Code § 31. The allegation that unpaid debts may have existed would not have caused the trial court’s order to be a substantial error because the court referenced Probate Code § 89C which also allows a will to be probated as a muniment of title “for other reason” if it determines that there is no necessity for an administration.

Moral: A person who does not want a will admitted to probate as a muniment of title should object during the probate action rather than waiting to a later time.