Interests passed down in Glasscock County

[DanJ]

I am so glad I found this forum.

Mom passed away a couple of years ago and I am finally trying to get her mineral rights officially transferred to my brother and me, her only two heirs. At her passing, her will was very basic; leaving her possessions to us. It was not a complicated estate, so we probated her will as a muniment of title, which all the legal guys I know in TX say that it is all I should need to get her stuff transferred from her to us.

Since her passing, we have received some checks from both Endeavor and Pioneer for her royalties generated in Glasscock (never attempted to deposit), so I reached out to them first. Endeavor has replied that I have to get the ownership changed within the County Clerks office and then forward a copy of the stamped document showing everything has been filed there. Speaking to the nice lady who answered the phone at the Clerk’s office, I was told that I needed to forward them a certified copy of the probated will that mentioned the properties in question. I explained that the will is probated as muniment of title - she obviously had no idea what that meant - and that there is no mention to any specific thing in her will other than “all my stuff goes to my kids.” I was told I need to get an affidavit of heirship that includes an addenda listing properties in question. Now the process seems to getting complicated and will require legal help. In speaking to a friend who happens to be County Judge in an unrelated jurisdiction, I was told that the probated will is all I should need to show ownership.

My question to the group is how do I push the Glasscock County people to process this as I have been advised, or do I bite the bullet, get an attorney and dance to their music? I am currently living out of state which doesn’t make it any easier. The revenue is not much presently, but before COVID, there were drilling permits let for horizontal action in some units adjacent to her properties and I was told it could be pretty sweet if they moved along to the next section.

Thanks in advance.

[sclausen]

You did not indicate whether mineral properties are located in the same county in which the Will was admitted to probate. If they are in a different county, then a certified copy of the Will and related order need to be recorded in real property records of county in which minerals are located. By paying the required fee, you can obtain a certified copy of the Will and the related order. From a purely legal perspective, a muniment of title proceeding when properly handled will cause the probated Will to act like a deed in passing title. In many cases, having an executor or administrator appointed will work out much better than a muniment of title.

[DanJ]

Thanks for the reply @sclausen. The will was probated in a different county, and muniment of title was easiest at the time - and advised by probate atty. Still trying to determine if the probated doc should be sufficient, or whether other actions - affidavit of heirship - will be necessary.

[SnelsonMLManagement]

Hi Dan, Did you happen to get this solved yet? Do you have any other questions?