Denton County Probate Court No. 1 — Additional Requirement for Muniment of Title Cases (since May 7, 2009: the application, prove-up testimony and order must state that any Medicaid benefits received on or after March 1, 2005 have been repaid)

High confidence· verified September 6, 2026Divisional InstructionsAdditional Requirement for Muniment of Title Cases (effective May 7, 2009), Denton County Probate Court No. 1 (Judge David W. Jahn; Associate Judge Edward Nolter) — posted on the Probate Documents & Forms page

Summary

Probate Court No. 1's guideline for wills offered as muniments of title (letterhead of Judge David W. Jahn and Associate Judge Edward Nolter): because a Medicaid Estate Recovery Program claim for benefits received after March 1, 2005 is a debt that bars muniment probate, every application to probate a will as a muniment, the prove-up testimony (including any written statement of proof) and the order admitting the will must, since May 7, 2009, state that 'Medicaid benefits, if any, received by the Decedent on or after March 1, 2005 have been repaid.'

Applies to

Texas > Denton County > Probate Court No. 1 — applicants probating a will as a muniment of title.

Source of truth

"If a person receives Medicaid benefits after March 1, 2005, the State's Medicaid Estate Recovery Program (MERP) may have a claim for Medicaid recovery against the person, which would be a debt against the person's estate. Under Texas Probate Code §89A, a will cannot be probated as a Muniment of Title if there are outstanding debts against the estate, other than those secured by liens on real esta

Official source: Denton County Probate Courts — dentoncounty.gov (county site tree)
Source health: Healthy · checked October 6, 2026
Effective date: May 7, 2009
Last verified: September 6, 2026benchpath-tx-ajr8-denton-ownsite-2026-09-06

Reviewer note: Own-site document (text layer, 1 p, 1,264 chars) read in full 2026-09-06; quoted verbatim; the guideline dates from 2009 (it cites former Probate Code § 89A, now Estates Code ch. 257) but is printed on the current Probate Court No. 1 letterhead naming Judge Jahn and Associate Judge Nolter, so it is joined to the current bench; the two courts' current Positions and Policies restate the Medicaid proof requirement. Composed benchpath-ajr8-denton (own-site lane).

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