Energy company wants will recorded; county says it must be attached to something

An energy company says I must record my father’s will in Freestone County, Texas where they have an active lease of his. It’s part of proof they need to transfer ownership. The county says since he died in another county, the will must be attached to something. They say they can’t tell me what. Would anybody here know? When my father died, his mineral interests transferred to a trust, but that was never recorded in the county or with the energy company. That trust ended and moved the rights to another trust. A deed has now been filed and accepted in Freestone County saying the new trust owns the rights. To what should his will be attached? I’m guessing it might be the trust that says it takes over when he died. That trust also establishes the new, current trust. The only other idea I have is the will should be attached to the new deed.

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County clerks can only accept documents for filing that have original signatures and that are notarized. It’s possible they would accept the will if it was attached to an original, notarized affidavit that states that the attached copy of the will is a true and correct copy of the original.

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If the document is an actual certified copy of the will admitted to probate, the clerk should let you record it if you pay the required fee. Also, a certified copy of the order admitting the will to probate should be recorded. This answer assumes the actual probate was in Texas. If probate was done out of state, then you need original authenticated copies. If clerk still will not record, then have the probate attorney who handled the estate assist you.

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