Inherited Mineral Rights

My brothers and I inherited mineral rights on properties with the majority being in Liberty County, Texas (a few in Chambers, Hardin and Jefferson). A deed has been prepared and recorded listing the descriptions of properties; however, no clue as to the royalty interest in each property. I plan on obtaining all the deeds I can at the courthouse. I am assuming the royalty interest is figured out by the production company when they are in the process of preparing to lease a property? Also, I assume the royalty interest is figured by how much of the mineral interests were retained when the land was sold and also how many times it has been split generation to generation? Some of the properties are currently leased and producing some, although not as much as years back, of course. If there is a current lease on a property, can I advertise that property for lease? Any information you can send my way would be greatly appreciated. This is all new to me and my brothers. Our father never shared information about the properties he inherited from our grandfather so we are having to learn on our own what he had for all these years and never knew anything about it. Thanks for any help.


You and your brothers don't have to know the exact interest for you and they to inherit what is rightfully yours and theirs. The MINERAL interests are determined by the production company when they are preparing to lease a property. The royalties are calculated if and when the production company drills a successful well and need to start paying royalty owners, which are not necessarily the same as the mineral owners. When a well is drilled, the production company must pay ALL the royalties to whoever is/are entitled to receive those payments. These persons and their respective interests (percentages) in the total "pie" of royalties are determined by examining the "mineral title" for that tract of land, including but not limited to, deeds of record, probates, laws of intestacy, and court cases. Yes, you can always advertise your minerals for lease, even if they are already leased (it's called a "top lease"). However, if they currently are leased then you probably will not get any offers unless there is ALOT of oil-and-gas activity in the area, the lease's Primary Term is nearing its end, and there is no production or permits on that tract of land.