Finding Heirs

Group:

There is a blog article I wrote on the home page about whether you need a lawyer, and it has tips on types of documents to look for. Some people find Ancestry.com helpful. Beyond that, it is a combination of probate records, census records, marriage and death certificates, and a wide variety of others. Probably the best place to start is calling relatives.

In 1964, did someone die and that caused the mineral rights to be separated? Or was the property sold? If it was a sale, so go back to the recorded deed at the courthouse. The will is probably at the courthouse if ownership changed because of death. Look up the records for 1964. Start a timeline with names, dates, and all the recording information you can find. It's sort of like working on genealogy. Theoretically, you should be able to trace it all back to most likely, Spanish Land Grants. But you won't have to go that far.

If you own the surface land, that makes it a little easier. Look on your tax bill and get the real legal description of your parcel and hang on to it. Put it in your file. Keep copies of everything you find as well as the recording information.

The deed or will should be all you need. File an affidavit of heirship and have it recorded in Montague County, again at the courthouse. You can look up the form online. It has to be signed and notarized by someone who has known you for a long time who has no interest in the mineral rights.

You may still need to hire a lawyer or a landman. But at least you will have collected what you can before you start paying someone. This is what I'm trying to do too. I wish I had access to that courthouse!

If you are wanting to lease that land, all you have to be able to do is prove your ownership. The oil companies have their own landmen/lawyers who will find the other owners. Just worry about your part.

Thank you for the advice and suggestions.

Wade Caldwell said:

There is a blog article I wrote on the home page about whether you need a lawyer, and it has tips on types of documents to look for. Some people find Ancestry.com helpful. Beyond that, it is a combination of probate records, census records, marriage and death certificates, and a wide variety of others. Probably the best place to start is calling relatives.

Thank you for your input and suggestions.

patty laird said:

In 1964, did someone die and that caused the mineral rights to be separated? Or was the property sold? If it was a sale, so go back to the recorded deed at the courthouse. The will is probably at the courthouse if ownership changed because of death. Look up the records for 1964. Start a timeline with names, dates, and all the recording information you can find. It's sort of like working on genealogy. Theoretically, you should be able to trace it all back to most likely, Spanish Land Grants. But you won't have to go that far.

If you own the surface land, that makes it a little easier. Look on your tax bill and get the real legal description of your parcel and hang on to it. Put it in your file. Keep copies of everything you find as well as the recording information.

The deed or will should be all you need. File an affidavit of heirship and have it recorded in Montague County, again at the courthouse. You can look up the form online. It has to be signed and notarized by someone who has known you for a long time who has no interest in the mineral rights.

You may still need to hire a lawyer or a landman. But at least you will have collected what you can before you start paying someone. This is what I'm trying to do too. I wish I had access to that courthouse!

If you are wanting to lease that land, all you have to be able to do is prove your ownership. The oil companies have their own landmen/lawyers who will find the other owners. Just worry about your part.