I am a lost what to do. My Mom died Sept. 8, 2016. She lived and died in Texas.

She has several oil/gas leases with Antero Resources and she was receiving small royalty

payments on 2 gas wells each month. Do we file Death and Heirship Affidavit for my sister

and myself as we are only remaining heirs. There was no will so no probate. My sister

and I just divided proceed between ourselfs. Don't want to hire attorney. Any suggestions


Hi, Carol -

First, please accept my condolences on the recent loss of your Mother. Mom's are the most special people in the world.

If she left no Will, then yes you can prepare a simple Affidavit of Heirship on your Mother's Estate. If the subject properties were also owned by your Father you will need either his Probate Papers (Will, etc) or to include his history in the Affidavit as well.

You will need to file the Affidavit and certified copies of any Probate Papers in the Official Public Records of the County(ies) the properties are located in, at the same time ordering a set of certified copies of those documents to submit to Antero's Division Order Department.

Antero will then issue new Division Orders to you and your sister. Once you have signed those and returned them to Antero, they will release any royalties held in suspense during the interim and you will each begin to receive your monthly checks.

I can send you an example or two of an Affidavit of Heirship if you would like or you can download a form for one from the internet or maybe ask Antero to send you a blank form.

Hope this helps -

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas

Yes I would appreciate your sending me an example of an Affidavit of Heirship.

Thank you

Carol Johnson

I think I have confused you. I don't think I need a Texas Affidavit. My live and died in Texas

but the oil/mineral leases she has are on land she owned in Doddridge County, West Virginia.

So don't I need an affidavit for the state of WV?

Thank you

I left out word Mom in second sentence: My Mom lived and died in Texas etc

Antero will usually help you out with the paperwork to get all this stuff taken care of.

Google or otherwise Search for the phrase "Affidavit of Heirship West Virginia" and you will get over 10K hits. Most of the hits are probably going to be ads, but the forms are all basically the same.

The facts set out in an Affidavit of Heirship will all be the same, but a given State's Format or Layout might be different. Sometimes it the way the Signatures are required to be set out, sometimes the number of Witnesses to each signature, sometimes the Acknowledgments (Notarizations).

You can probably stop by any WV County Clerk's Office and if they are not too busy they should be willing to help you look up a recent example or two to use as a "Go By".