My father recently passed away and we have inherited mineral rights of properties in Liberty County, Texas. How do I go about re-deeding these mineral rights? Is there an actual "Mineral Rights Deed" and if so, where are they filed? I know surface deeds are filed with County Clerk, but what mineral rights? Also, how do I go about getting my unleased properties out there to attract potential leases? Any help would be appreciated.
Dear Ms. Gearinger,
First, we are sorry for your loss.
If there is administration on the estate, things become very easy. The lands can be conveyed according to the will by the executor/executrix. If not by will, by the Personal Administrator can convey the mineral interest. In either event, this assumes that there is administration planned. If there was no will, the lands immediately pass to his heirs at law, per Texas descent and distribution. As a landman, if I see a properly completed "Affidavit of Death and Heirship" I feel secure enough to purchase an oil and gas lease.
Thank you, Buddy. There is a Will and me and my two brothers are listed in his Will as receiving all of his real separate property; however, his wife of 10 years (not our mother) is Executrix and she is not cooperating nor communicating with us at all. We are in the process of having her removed as Executrix and my brother is listed as the next Executor. Once my brother is appointed, then we will be in a much easier position to complete an "Affidavit of Death and Heirship" as you mentioned and then go from there.
Well, if the estate is still open, the estate is in possession. If the lands will be descended to you, now is better than later. When an ADH is filed and an estate has been opened for probate, then an inquiry notice had been created to determine the status of the estate.
Get a lawyer.