. My mom passed away owning mineral rights for about 69 acres in the reklaw area of east Texas and she didn't have a will. My question is do I just need to do an affidavit of heirship? I live out of state in California.
Yes, you need to get an Affidavit of Heirship on your mother. Hopefully from disintertested third party.
You'll need to get a lawyer. Just went through this from GA for OK wells.
Yes, Matthew Ochoa, you really do need a Texas attorney. Texas intestate laws can be very complicated. For instance, are you the only heir? Was you mom married? Did your father predecease her and did he have a will? Are there other siblings, or children of a deceased sibling? Does you mother have any living siblings? Is this property her separate property or was it community property with a spouse? All these come into play in a case of intestacy, especially when there is any real property, cash in bank accounts, etc.
Google "affidavit of heirship" and you will find lots of information pertaining specifically to Texas estates. You may need to add Texas as part of you search term.
Texas intestate laws are not that complex when compared to the laws of other states. Since his mother died intestate, there is no issue as to whether she had siblings or not.
Teresa C McKenna said:
Yes, Matthew Ochoa, you really do need a Texas attorney. Texas intestate laws can be very complicated. For instance, are you the only heir? Was you mom married? Did your father predecease her and did he have a will? Are there other siblings, or children of a deceased sibling? Does you mother have any living siblings? Is this property her separate property or was it community property with a spouse? All these come into play in a case of intestacy, especially when there is any real property, cash in bank accounts, etc.
Google "affidavit of heirship" and you will find lots of information pertaining specifically to Texas estates. You may need to add Texas as part of you search term.
Thank you everyone for responding. Hopefully I get this all squared away by the end of the year.