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Because Medicaid estate-recovery claims are debts of the estate in Texas, the court cannot sign an order probating a will as a muniment of title or a determination of heirship with an order of no administration unless the Proof of Death and Other Facts states either that the decedent did not apply for and receive Medicaid benefits on or after March 1, 2005, or that the decedent did but there is no Medicaid claim — in which case counsel must also file a MERP certification that the estate is not subject to a claim or prove that none will be filed (death before age 55, a surviving spouse, or a child under 21); any MERP claim must be paid before the order can be signed.
Applies to applications to probate a will as a muniment of title and to determine heirship with no administration in Bexar County Probate Court No. 2 (Judge Veronica Vasquez); the court's muniment checklist repeats the requirement. Procedural information only; not legal advice.
BEXAR COUNTY PROBATE COURT NO. 2 Judge Veronica Vasquez Bexar County Courthouse, Room 123 100 Dolorosa San Antonio, Texas 78205 Probating a Will as a Muniment of Title? Seeking a Determination of Heirship with an Order of No Administration? You must address Medicaid! Most attorneys realize the Court cannot sign either an order probating a will as a muniment of title or a determination of heirship
Reviewer note: Composed 2026-09-08 from the TOPICs custody file (two pages; native text layer read in full). Registered under a "form" title but classed by the court as a local rule and written as a court requirement, so published. The notice is undated; the registration date is carried as the effective date. Page 2's HHS website excerpts are described as snips in the instrument and are not reproduced.
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