Distributing royalty interests in several Texas counties

Ownership and Title
1

I am the executor and trustee of my grandfather’s will and trust, which has mineral and royalty interests across 36 Texas counties, Oklahoma, New Mexico, Arkansas, and one county in Michigan. The trust, established upon my grandfather’s death in 1991, terminates upon my mother’s death (2017), with assets to be distributed to her four surviving children (including me).

Progress Made:

  • Recorded Affidavit of Heirship in 36 counties.
  • Recorded Mineral and Royalty Deeds in 9 counties (May 2023).
  • Recorded Will & Trust in 4 counties.
  • Some larger producers have properly distributed properties and income.
  • 5 counties updated appraisal district files, but Austin County updated only one of five properties, leaving four in the O A Triplett Trust.
  • 4 counties have not updated records despite deeds recorded two years ago.

Challenges: After 8 years, the process remains complex. County filings are disorganized, and I receive conflicting requirements from companies and counties for distributing mineral interests. I’m struggling to establish a consistent procedure.

Request: Can someone provide step-by-step guidance for:

  • Distributing mineral and royalty interests to the four heirs across multiple counties and states.
  • Standardizing updates to county records and appraisal districts, especially for counties lagging behind.
  • Addressing varying requirements from producers and counties to ensure compliance.

Any advice or resources to streamline this process would be greatly appreciated. Thank you!

2

You want to establish a clear and concise chain of title from the trust to you and your siblings. This can be accomplished by an Affidavit and then a Distribution Deed. For example, Texas allows for a statewide conveyance of mineral rights. Simply put the correct information, recitals and granting language and the same deed can be used for all counties in Texas.

3

County appraisers often times are relying on the updates from the operators. Whenever you get new division orders I would forward copies of both the recorded deeds and division orders to the CAD, and with that they should make changes to their records.

Unfortunately the laws in Texas do not require operators to send regular updates to counties for changes in royalty owners. Some operators are diligent and provide annual updates, but some do not. I’m being taxed on an interest in Hutchinson County that was sold in 1998 because they don’t have updated division orders. Thankfully the tax value is $10. I’ll protest it at some point.

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