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Will of Robert E. Fitzgerald admitted as muniment of title after delayed probate
Summary
The court admitted the 1985 will of the late Robert Earl Fitzgerald as a muniment of title and waived the affidavit of fulfillment after witnesses testified; the surviving spouse, Christy Lee Fitzgerald, was authorized to use the will to transfer title.
A Fort Bend County judge admitted the last will and testament of Robert Earl Fitzgerald as a muniment of title on Aug. 4, 2025, after testimony from the surviving spouse and two witnesses. The court found the will valid despite probate being filed more than four years after the decedent's death on Jan. 20, 2019.
Why it matters: Admitting the document as a muniment of title allows the surviving spouse to use the will to transfer property title without full administration, because the court found no necessity for broader estate administration beyond effecting title transfers.
Christy Lee Fitzgerald testified she believed she only needed the will to transfer property and did not realize probate was required within four years. Witnesses Suzanne Goodwin Wager and Mary Cable — who both said they knew the decedent and his handwriting dating to about 1980 — identified the signature on the will and testified the decedent was of sound mind when it was executed and did not subsequently revoke it.
The court found Christy Fitzgerald was not in default for failing to offer the will for probate within four years and admitted the will to probate as a muniment of title. The court waived the Affidavit of Fulfillment of Terms and thanked witnesses for helping bring the matter to conclusion. The judge cautioned that the electronic order system was experiencing delays and the written order might not post immediately.
