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I inherited fractional mineral rights in both Ward and Winkler Counties from my mother's estate.
What do I need to do to transfer them to my name?
I live in Colorado where Probate was filed. Do I also have to file probate in Texas? I have contacted Shell regarding the Division Order (they have the lease in Ward County); I am sending them a "request", but they asked about probate in Texas??
I am unsure if Chesapeake or Eland is holding the lease in Winkler County and not sure how to find out........any suggestions?
It has been nearly 2 years since mom passed that I have been intermittently dealing with this. I was hoping to close probate in Colorado as soon as I get these taken care of, but now not sure what to do.
Thanks in advance for any suggestions!
Texas does not require ancillary probate. You can file a certified copy of Colorado probate in Ward and Winkler Counties. Then send copies of recorded filing to Shell or other lessee. Winkler County deed records are on-line and you can search assignments to look for lease. If there is operating well, you can ask operator.
Thank you for your reply! So, do I close the probate in Colorado and get the certified copy then?
yes, finish probate in Colorado. If it is like Texas, the judge will sign orders for you to have Letters Testamentary, and others essentially ordering you as the legal executor to transact business on behalf of the Estate. Those all need to go to the county clerk, along with a copy of your mom's will. Ask for returns from the counties after they are registered. Then you can file with the operators and give them the page and volume references. That should fix the problem
Agree 100% with what TennisDaze said.
I do not think that probate has to be closed in Colorado if there is an order to transfer the property in Texas to the heirs. That order can be included. Your attorney can best advise you.
Unfortunately, it was a fairly easy probate with only Real Estate & extremely little outstanding debt and no contestors, so I have done probate myself. I do not have an attorney for the probate here. That's why I am thinking I may need to find an attorney there to take care of this for me.
An ancillary probate is required if you want to have an out of state administrator deed the properties out of the estate to the beneficiaries. It is not required if you just record exemplified copies of the out of state probate, but you have to record enough of the records to show the will was admitted to probate and who the beneficiaries under the will are. This is why many people just opt to record the probate records. When in doubt, record anything you think you need of the probate file.
How do I get them recorded? Do I physically have to go to the county seat?
Look on the web for the county clerk in ward and loving counties. they will have a schedule for the recording fees. the first page is usually $26 or $30, plus $10 for each subsequent page. Expect to pay about $250 per county to get it all recorded. count the pages and send a transmittal letter along with a check to each clerk. I have done this in the past several years and they are both very helpful ladies.
Ugh, I think I need an attorney! I just seem to be spinning my wheels on this..........
Yep, definitely need some guidance on this. I don't know why I seem to be paralyzed and don't know which way to go. This is the last piece of the estate and I really need to get it done. Every time I contact a county, I seem to get another tax bill.......so far, I have paid a lot of taxes & gotten nothing in return but more tax bills!