Is there a way to see if mineral rights were transferred in my mother’s name? I searched on Texas file and some came up- but I searched family members name and others came up. How do I know if it was properly transferred?
Update- I called wood county and apparently they said it usually doesn’t get transferred/ the companies just look for heirs.
If there is a death and the estate if probated, then deeds should be filed assigning the minerals from the decedent to the heirs. Ancillary probate is required in some states. If there is no will or no probate, then the minerals will pass in accordance with the intestacy statutes of the state where the minerals are located. It is never advisable to just let the ownership of minerals just be left in limbo as it can be more complicated to determine who the legal heir are later. The person you spoke with most likely meant that where matters are not taken care of properly by the family after a death, the oil companies will attempt to track the heirs. But sometimes this is not possible. Your family should act together to get this done properly.
If this was Woods County Oklahoma, then you can search land records here: Woods Search | iDoc
You may also want to search grandparent’s names.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Unfortunately it’s just my mom and I looking for answers. My mom inherited form her step mother who inherited from her mother in the 40’s. Wood county clerk was pretty rude about it and asked why I was even trying to get them transferred to my mom’s name. I looked them all up on RRC (the ones I have on paper), and only one is producing that I can see. I just figured for our family in the future it should be in my mom’s name at least. She’s trying to sort her estate and they will be left to me and I don’t know much about anything . Hoping can learn as I go.
You will first have to determine whose name the title is in currently and whether or not any of the estates were probated. First you have A who died in the 1940’s. Is there a deed from A to her daughter B (your mother’s stepmother). Of there was no probate, then title would pass under OK intestacy to all of A’s children, including Daughter B. Second, is there a deed from B to her stepdaughter, your Mother? If not, was B’s estate probated, leaving her assets to your mother? If no probate, then B’s minerals will pass to under OK intestacy. Did B formally adopt your mother as that may determine whether or not can inherit under the intestacy statute. You will need to consult an OK estate attorney about this.