I have an issue with some mineral rights in Eddy County, New Mexico. My father, who passed away in 2007, his will went through probate, leaving everything to my mother. My mother passed away in 2025. Her will specified that everything was to be split evenly between me and my brother. It did not probate as my mother had put all property and mineral rights under TODD. So we thought. Some rights have come to light in Eddy County. Can we do an affidavit of heirship without reopening my dad’s probate and having to probate my mother’s estate? Thank you.
And is there any legal implications with using affidavit of heirship?
Check your wills and see if they have a “catch all” phrase. Many of them do.
Agree with M_Barnes, our family successfully relied on such language from a 1970s-era will after the section naming distinct asset dispositions: “Subject to the provisions of Article II above, I devise and bequeath all of the rest, residue and remainder of my estate as follows: …..”. I’m not an attorney but suspect you’d have to provide a copy of the will. I’d reach out to the county directly and see what would be needed - hopefully your suggested approach with the Affidavit plus maybe the will would work to avoid reopening probate.
Best to consult a New Mexico estate or oil and gas attorney about what is required under New Mexico law to establish title for royalty purposes. The county clerk does not have authority to give legal advice. It is not uncommon for some company to take a lease, and then to suspend all royalties because the drilling title opinion will note that New Mexico title requirements have not been met. New Mexico is very different from Texas.
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Thank you. All good advice. I appreciate the help.