# Affidavit of Heirship
**URL:** https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683
**Category:** Ownership and Title
**Created:** [March 31, 2025, 8:22pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683 "2025-03-31T20:22:20Z")
**Posts on this page:** 11
**Page:** 1
### Author:  [@Christina\_Johncox](https://www.mineralrightsforum.com/u/Christina_Johncox)
#### Post date: [March 31, 2025, 8:22pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/1 "2025-03-31T20:22:20Z")
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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### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [March 31, 2025, 8:31pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/2 "2025-03-31T20:31:15Z")
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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### Author:  [@Bedrick](https://www.mineralrightsforum.com/u/Bedrick)
#### Post date: [April 5, 2025, 3:16pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/3 "2025-04-05T15:16:33Z")
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 clerk’s office.
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### Author:  [@Christina\_Johncox](https://www.mineralrightsforum.com/u/Christina_Johncox)
#### Post date: [April 6, 2025, 3:42pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/4 "2025-04-06T15:42:53Z")
Thank you all for your replies. It helps. Can you tell me if Texas has a standard format for Mineral Deeds like Oklahoma?
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### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [April 6, 2025, 7:00pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/5 "2025-04-06T19:00:42Z")
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.
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### Author:  [@Christina\_Johncox](https://www.mineralrightsforum.com/u/Christina_Johncox)
#### Post date: [April 8, 2025, 3:02pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/6 "2025-04-08T15:02:50Z")
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?
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### Author:  [@user30](https://www.mineralrightsforum.com/u/user30)
#### Post date: [April 8, 2025, 3:13pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/7 "2025-04-08T15:13:55Z")
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 from (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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### Author:  [@AimeeHess](https://www.mineralrightsforum.com/u/AimeeHess)
#### Post date: [April 8, 2025, 3:50pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/8 "2025-04-08T15:50:48Z")
No, you can use an attorney anywhere in Texas. They don’t have to be where the minerals are located.
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### Author:  [@Mineral\_Owner5](https://www.mineralrightsforum.com/u/Mineral_Owner5)
#### Post date: [April 8, 2025, 6:52pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/9 "2025-04-08T18:52:25Z")
If you use an attorney that is qualified in the County where 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.
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### Author:  [@Christina\_Johncox](https://www.mineralrightsforum.com/u/Christina_Johncox)
#### Post date: [April 8, 2025, 8:18pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/10 "2025-04-08T20:18:04Z")
Thanks for the information, I greatly appreciate it.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [June 29, 2025, 8:22pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship/80683/11 "2025-06-29T20:22:22Z")
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