I am the trustee of a family trust and recently completed the Probate process in Oklahoma for some properties that we never got transferred into the trust before my mother’s passing. I am now trying to clean up Texas minerals and was wondering the best course of action, if I can file an Affidavit of Heirship myself or do I need to hire an attorney for Probate in Texas.
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You can probably file the certified copy of OK probate and order in Texas records in each county as Texas will accept probate from other states.
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My attorney confirmed TennisDaze. That is the first step. Next I will file a MINERAL DEED that I have written that will put my ownership on record in the county clerks office.
Thank you all for your reply’s. It helps, can you tell me if Texas has a standard format for Mineral Deeds like Oklahoma?
There is no statutory form in Texas. Wording of mineral deeds vary depending on whether the owner is transferring 100% or only a portion of his minerals or assigning a more limited interest such as wellbore royalties or reserving an interest. The exact language matters so you need to be careful and consider consulting an attorney.
I’ve been told that it is important to find an attorney in Texas that is in the area where my minerals are, as Texas is such a large state, in your opinion, is this true?
If your mother’s will was probated in Oklahoma within four years after her death, then filing exemplified (often called authenticated) copies of her probate in the Texas Counties she owned interest in will probably be fine. Sending scans of the file stamped copies to the operators would also be a good idea.
Someone previously said certified copies. Certified copies from one Texas county to another are sufficient. However, in Texas, out of state probates filed in the county need to be signed by a judge of the county the probate came (exemplified/authenticated). Some county employees may tell you they do not offer this. The person who says that is wrong, and you need to ask to speak to someone else. Different counties and states call it different things. Just make sure that whatever probate copy you get, a judge has signed it. They will be more expensive than certified copies.
From my understanding, if the probate of your mother’s will occurred more than four years after her death, that may be an issue for Texas and you will want to speak to an attorney about the best steps.
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No, you can use an attorney anywhere in Texas. They don’t have to be where the minerals are located.
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If you use an attorney that is qualified in the County were the minerals are located they can have their office file the papers easily. If it is a small town as the County Seat they usually know the Judge if it is required.
Thanks for the information, I greatly appreciate it.
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