How to notify counties of inherited mineral rights?

My father died in 2008 and my mother died shortly thereafter. My two brothers and I have inherited certain mineral rights from each of our parent's respective families. In most cases I didn't even know about these until I was contacted by a landman or received some offer to buy or lease. So far, I know that I we have interests in at least five Texas counties: Robertson, Wharton, Jasper, Freestone and Grimes. In most cases it appears that the shares in the mineral interests have been properly distributed amongst the three heirs, however for at least one, the interests are still in my mother's name.

I was the executor of each estate and the wills were individually probated in Falls County. I would like to make sure that everything is distributed properly and that all necessary papers are filed in all the relevant counties.

So as the executor, what do I need to do at this point to make sure that everything is in order? I have been told that I need to file the wills and Order to Probate in each of the counties in question. Is that right? Do these need to be certified?

Should I go ahead and file these documents in any other counties where I think I may have some heretofore unknown mineral rights?

I would file the Application to Admit Will to Probate, Order admitting Will and the Will in the counties that you have a minerals interest. These do need to be certified.

You can get one certified copy and file it in every county instead of getting 5 copies. This will cut down on your cost, will take longer to complete but less costly.

Charles Cunningham

Please leave these minerals rights to a specified person on your demise. Where there is a will, there is an attorney.

If you have probated the wills, then you should have a final decree, splitting up the minerals, with a list of all the minerals in the final decree. File a copy of the final decree with each county, showing the minerals description and fractional interest, and how it is split up. What we did with my Grandfathers estate, in Oklahoma

Thanks for your replies, everyone. Charles Cunningham, how do I work with just one certified copy? Will the counties return the original certified copy?

Earl Poytress, the wills do not mention minerals specifically, but simply divides "the rest and residue of my estate to my three sons in equal, undivided shares", but I guess that should do it.

Bill, did your parents also own the surface where the minerals are located or just the minerals? I was a co- executor of my father's estate and the other co-executor and I executed a Special Warranty Deed to all of the beneficiaries. This transferred the surface and the minerals owned by our father to each beneficiary (to his children in equal shares). Had he only owned minerals, we would have executed a Mineral and Royalty Deed to the beneficiaries and filed it in the county where he owned the surface and minerals.

We only dealt with land and minerals in one county. I do not know the process for multiple counties. You said that you didn't know about most of the mineral interests until you were contacted by the landman. I am just wondering how most of these minerals interests were properly transferred? Did you execute deeds to the beneficiaries?

You just mail the certified copy along with the proper fees, be sure to check with each county as the fees can be different. After recording the Clerk will return the document to you for filing in the next county. Filing of the Probate material will pass title to each of the heirs.

Be sure to file both of your parents papers.

Using one certified copy will take longer but in the long run is is cheaper than purchasing multiply copies.

Bill Norton said:

Thanks for your replies, everyone. Charles Cunningham, how do I work with just one certified copy? Will the counties return the original certified copy?

Earl Poytress, the wills do not mention minerals specifically, but simply divides "the rest and residue of my estate to my three sons in equal, undivided shares", but I guess that should do it.

My parents only owned mineral rights. I have not executed any deeds myself.

From what I can tell, the drilling companies want to make sure that they are dealing with the proper owners of any leases, so they take the initiative, if need be, to determine who they are. I suspect that it's not uncommon for the rightful owners of mineral rights to be unaware of their ownership especially after two or three generations have passed without any activity on the property. So the drilling companies hire landmen to research the titles and wills to track down the proper heirs. That's how I have been notified in most cases. In one case I was asked to sigh a "Stipulation of Interest" and an "Affidavit of Marital History" before signing a lease, but in other cases it seems that just figure out who the heirs are and send them leases (or offers to buy).

Once you file your parents Probate it is really up to you whether or not to file an Executor's Deed on the mineral. If it were my decesion, I would not.

Bill Norton said:

My parents only owned mineral rights. I have not executed any deeds myself.

From what I can tell, the drilling companies want to make sure that they are dealing with the proper owners of any leases, so they take the initiative, if need be, to determine who they are. I suspect that it's not uncommon for the rightful owners of mineral rights to be unaware of their ownership especially after two or three generations have passed without any activity on the property. So the drilling companies hire landmen to research the titles and wills to track down the proper heirs. That's how I have been notified in most cases. In one case I was asked to sigh a "Stipulation of Interest" and an "Affidavit of Marital History" before signing a lease, but in other cases it seems that just figure out who the heirs are and send them leases (or offers to buy).