Searching for heirs in Texas

Landman Discussion
1

I am not a landman, but have a question that some of you might be able to assist with. During the last 3 years, my family has received 2 separate notices that we are heirs to mineral rights in Texas. These rights have been passed down from my wife's great grandparents, who passed away without a will. The grandparents have passed away also without a will and the parents have passed away without a will. This makes tracking heirship very difficult. On both occasions, the landmen that eventually found us explained how difficult their search was. On the first lease, by the time we were found, the operator had already been producing for several months.

The parcels of land in which we have mineral rights are not very close (approx 200 miles apart). After talking with some extended family, it turns out our great grandparents owned land in several parts of Texas. My wife and I are curious if there are other parcels of land in Texas in which we might have rights. Is there any reasonable way to search for this?

I look forward to hearing back.

2

Records are stored on a county basis. When talking to your extended family, you need to translate "several parts of Texas" into the counties in which they may have owned land as best you can. Personally, I would start with the two known properties, and search the books in the county clerks office for the particular known legal descriptions. You are looking for documents that are listed under your great grandparents names (as well as grandparents and parents). Typically, you would be looking for warranty deeds, mineral deeds, oil and gas leases, estate distributions, etc. Sometimes these documents give clues as to OTHER property that is owned, even in other counties.

You can do this work yourself if you have a mind to and are persistent. This will be time consuming, and require lots of patience. Some county records are available online, but many do not go back far enough in time to help you, since you are dealing with great-grandparents. Here is a link:

http://texasfile.com/texas-land-records-coverage/#county_coverage

To re-state the obvious, there is no magical registry where all this is kept. Your search will need to be done on a county by county basis, and in most cases you need to actually travel to the county seat of each county and go through the records mentioned. You need to become a good detective. I've done quite a bit of this kind of thing, but perhaps others can add to my comments.

3

Hi JW,

I understand you. Unfortunately, no one in the family knows where the mineral rights are. Sounds like it would take a county by county search. Very difficult since we live out of state and have full time jobs. The two counties that we currently have rights are Terry County and Knox County.

Thanks for your reply

JW Andersonsaid:

Records are stored on a county basis. When talking to your extended family, you need to translate "several parts of Texas" into the counties in which they may have owned land as best you can. Personally, I would start with the two known properties, and search the books in the county clerks office for the particular known legal descriptions. You are looking for documents that are listed under your great grandparents names (as well as grandparents and parents). Typically, you would be looking for warranty deeds, mineral deeds, oil and gas leases, estate distributions, etc. Sometimes these documents give clues as to OTHER property that is owned, even in other counties.

You can do this work yourself if you have a mind to and are persistent. This will be time consuming, and require lots of patience. Some county records are available online, but many do not go back far enough in time to help you, since you are dealing with great-grandparents. Here is a link:

http://texasfile.com/texas-land-records-coverage/#county_coverage

To re-state the obvious, there is no magical registry where all this is kept. Your search will need to be done on a county by county basis, and in most cases you need to actually travel to the county seat of each county and go through the records mentioned. You need to become a good detective. I've done quite a bit of this kind of thing, but perhaps others can add to my comments.

4

INASMUCH AS THEY STARTED DRILLING BEFORE THEY LOCATED YOU, I WONDER WHAT ARRANGEMENTS WERE WORKED OUT?

Under par said:

Hi JW,

I understand you. Unfortunately, no one in the family knows where the mineral rights are. Sounds like it would take a county by county search. Very difficult since we live out of state and have full time jobs. The two counties that we currently have rights are Terry County and Knox County.

Thanks for your reply

JW Andersonsaid:

Records are stored on a county basis. When talking to your extended family, you need to translate "several parts of Texas" into the counties in which they may have owned land as best you can. Personally, I would start with the two known properties, and search the books in the county clerks office for the particular known legal descriptions. You are looking for documents that are listed under your great grandparents names (as well as grandparents and parents). Typically, you would be looking for warranty deeds, mineral deeds, oil and gas leases, estate distributions, etc. Sometimes these documents give clues as to OTHER property that is owned, even in other counties.

You can do this work yourself if you have a mind to and are persistent. This will be time consuming, and require lots of patience. Some county records are available online, but many do not go back far enough in time to help you, since you are dealing with great-grandparents. Here is a link:

http://texasfile.com/texas-land-records-coverage/#county_coverage

To re-state the obvious, there is no magical registry where all this is kept. Your search will need to be done on a county by county basis, and in most cases you need to actually travel to the county seat of each county and go through the records mentioned. You need to become a good detective. I've done quite a bit of this kind of thing, but perhaps others can add to my comments.

5

What a coincidence. My grandparents and my mother grew up in Knox County, and migrated to Hockely County, just immediately north of Terry County. These are both big COTTON areas. A lot of this went on many years ago - cotton farmers looking for better land, and trying to escape the boll weevil. Terry County is up on the Caprock, quite a bit higher in elevation and for many years beyond the range of the boll weevil.

Terry County is seeing a lot of leasing activity at present. If you will check the Terry County group on this forum, you will see what I mean.

I would plan a vacation to good old Brownfield Texas some of these days and see what I could find out. You may own other minerals in this county. (Depending on how many relatives you had, your mineral interests could be small by the time they've gone through that many generations.)

Under par said:

Hi JW,

I understand you. Unfortunately, no one in the family knows where the mineral rights are. Sounds like it would take a county by county search. Very difficult since we live out of state and have full time jobs. The two counties that we currently have rights are Terry County and Knox County.

Thanks for your reply

JW Andersonsaid:

Records are stored on a county basis. When talking to your extended family, you need to translate "several parts of Texas" into the counties in which they may have owned land as best you can. Personally, I would start with the two known properties, and search the books in the county clerks office for the particular known legal descriptions. You are looking for documents that are listed under your great grandparents names (as well as grandparents and parents). Typically, you would be looking for warranty deeds, mineral deeds, oil and gas leases, estate distributions, etc. Sometimes these documents give clues as to OTHER property that is owned, even in other counties.

You can do this work yourself if you have a mind to and are persistent. This will be time consuming, and require lots of patience. Some county records are available online, but many do not go back far enough in time to help you, since you are dealing with great-grandparents. Here is a link:

http://texasfile.com/texas-land-records-coverage/#county_coverage

To re-state the obvious, there is no magical registry where all this is kept. Your search will need to be done on a county by county basis, and in most cases you need to actually travel to the county seat of each county and go through the records mentioned. You need to become a good detective. I've done quite a bit of this kind of thing, but perhaps others can add to my comments.

6

Under par -

I've been a Landman for more than 30 years and have run into this sort of thing many, many times.

The least expensive way for you or your wife to discover what you own is to simply let the Landmen for the various companies provide you with the information as they discover the interests over time. Most will even be happy to provide you with copies of their maps, title notes, etc., regarding your interests for your files.

This may take years, but it's free.

At some point, the Landmen with the companies you have been dealing with will be preparing Affidiavits of Marital and Family History, Affidavits of Heirship, or something of the like on your wife's family to file of record, thus "curing" the title defects to your interests.

You will probably know when they get around to this, because it will require interviews with various family members and close family friends. As a matter of fact, you or someone else close to the family will probably be asked to be the Affiant in the Affidavits.

Ask the Landmen to provide you with either duplicate originals of the affidavits or certified copies of them after they have been filed of record.

You can file those duplicate originals or certified copies of record in any of the 254 Counties in Texas you think you might own interests in and your title will be clear - at least down to the present generation.

If the Landmen have not prepared any or aren't going to (which I've never heard of, but I guess it could happen), then you might consider preparing one yourself.

Even if you don't have all of your family's history (the Landmen may be able to help with that), you can at least prepare an Affidavit that your wife is one of the heirs of her great grandparents and grandparents.

Be sure to include your contact information.

If you will send me the names of the great grandparents and grand parents and parents, I can check the general area around the two counties you know about and see if their names show up in any producing wells' "suspense" accounts.

You should also check the records of the Texas Unclaimed Properties website - the State may be holding funds under their names: https://txcpa.cpa.state.tx.us/up/Search.jsp

Every state has an Unclaimed Properties office of some sort, by the way, but be forwarned: They're addictive.

Hope this helps -

Charles

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas

7

Charles,

I will contact the landman I dealt with on my most recent deal and ask him to provide me with his maps.

I searched the Texas Railroad Commission website by entering my great grandfathers last name in the "lease name" field in oil and gas well records. My search revealed at least 2 other producing wells, both in different counties, Taylor and Stonewall counties. Our great grandfather had a unique way of spelling his name, so I am pretty sure these leases were his. However, we have never heard from anybody.

It will be interesting to see what information the landman can provide. I am also considering flying out to Texas next month if that might help.

Thanks everyone for providing some insight.

Charles Emery Tooke III said:

Under par -

I've been a Landman for more than 30 years and have run into this sort of thing many, many times.

The least expensive way for you or your wife to discover what you own is to simply let the Landmen for the various companies provide you with the information as they discover the interests over time. Most will even be happy to provide you with copies of their maps, title notes, etc., regarding your interests for your files.

This may take years, but it's free.

At some point, the Landmen with the companies you have been dealing with will be preparing Affidiavits of Marital and Family History, Affidavits of Heirship, or something of the like on your wife's family to file of record, thus "curing" the title defects to your interests.

You will probably know when they get around to this, because it will require interviews with various family members and close family friends. As a matter of fact, you or someone else close to the family will probably be asked to be the Affiant in the Affidavits.

Ask the Landmen to provide you with either duplicate originals of the affidavits or certified copies of them after they have been filed of record.

You can file those duplicate originals or certified copies of record in any of the 254 Counties in Texas you think you might own interests in and your title will be clear - at least down to the present generation.

If the Landmen have not prepared any or aren't going to (which I've never heard of, but I guess it could happen), then you might consider preparing one yourself.

Even if you don't have all of your family's history (the Landmen may be able to help with that), you can at least prepare an Affidavit that your wife is one of the heirs of her great grandparents and grandparents.

Be sure to include your contact information.

If you will send me the names of the great grandparents and grand parents and parents, I can check the general area around the two counties you know about and see if their names show up in any producing wells' "suspense" accounts.

You should also check the records of the Texas Unclaimed Properties website - the State may be holding funds under their names: https://txcpa.cpa.state.tx.us/up/Search.jsp

Every state has an Unclaimed Properties office of some sort, by the way, but be forwarned: They're addictive.

Hope this helps -

Charles

Charles Emery Tooke III

Certified Professional Landman

Fort Worth, Texas

8

Jack and Young Counties in Texas had oil activity many years ago, when your great-grandparents probably were alive, and are not too far from Knox County. You might try those counties as well.

9

Ask each landman that contacts you to give you copies of what they think your "Net Mineral Acres" is. Also the County, Survey & Abstract and location with a plat. Also ask them to explain in writing all the heirs in the title chain.

They are being paid by a company most likely and should provide you this at no charge. If a landman does not want to reveal who they are working for I don't recommend you doing business with them. I hope this helps somewhat.

10

Texas has a unclaimed Fund that I found $9000 in unclaimed Funds, so yes this is a good place to look.

A few years back, an oil company told me my family owned some land they wanted to lease, well I had no record of it in my Grandfathers will etc, but we allowed them to pay us $5000 an acre. I went to the court house where the deeds were filed and went thought the book to find all properties that My grandfather purchased and re sold to see where he had minerals and not.

Most of the time you just wait for the Oil Companies to find you. We had one contact us about 5 years ago, and I told them they would have to go to the Bank, they told me how my Grandmother had left some land 50% of the minerals in a trust for the Grand Kids, we did't even know.

Good Luck in all your endeavors.

Chris

11

Find out what counties the parents and grandparents lived in, go to the County Clerk's office and ask how to look up the listings on deeds, warranty deeds, mineral leases, and deeds of trusts. Scan for the last names and look in both "Grantor" and "Grantee" sections for the years you suspect the party lived there. Also look at your great grand parents as well, these properties could go back several generations. Failing that, be prepared to make a little visit to you local Abstract office, and ask about how to look the same information up by name. The abstract office can be expensive.

12

Thank you Sir for your kind information, but kind as it is, that is what we all are doing here, finding out what we can when we can. But you brought something new to the table, the Abstract office. My Grand Dad was told to me for many years as being a Abstractor Man. Didn't figure that one out till I started searching for deeds. With home construction you purchase a title, but with land comes an Abstract. to tell you what comes with your land.

If you happen to look on miss money .com and find something in another state, then go to that state unclaimed funds to get. Save you couple of bucks.

Thanks,

Sincerely,

Chris Wilson

13

Go to ancestry.com, buy a one month membership for $20+ and search for your grandparents and great grand parents. You will probably find where all they lived over the years. This may save you many trips to county courthouses just to look.

14

Dear Not a Landman,

Another problem you may have, is that in Texas if you die without a will, Texas will make one for you and your not gonna like it. My Cousin died in Texas with out a will and the state split her minerals between her Husband and Mother. I suggest you look in the Texas unclaimed money fund in your relatives names. I found $9000 under my Grandmothers name for Production that was paid out over 20 years ago. And you might well find some too. Maybe that is where your money is from production on your land that they started drilling. Might want to make a trip to texas court houses to see what your kin folks owned. Who knows they may have not left a will but set up a trust for you and yours in one of the court houses.

God Bless and continued success in all endeavors.

Chris Wilson

15

Under Par -

It's been a while since I've followed up on this message string and I'm glad to see it's still running.

There are two things I can offer:

One, I subscribe to an online Well Records Service called DrillingInfo. I can search the entire State for any presently or recently producing Wells your family owns royalty interests in. Just need the names to search.

I believe the search will bring up anything listed under their names or under "Unknown Heirs of..." whoever.

That might help.

Two, I recently reviewed all the websites I could find that provide access to the Real Property Records (Deed Records) of various Texas Counties and have a list of a number of Counties where you can access them back to the 1800's, if not Sovereignty.

There is some overlapping of which Websites offer what Counties, of course, but I have one that offers 33 Counties, one that offers 8, one that offers 14 and one that offers 50. They are all subscription services, where you have to pay them to search their records and download copies of documents, but you can do that from your home computer.

Would you like the list?

There are a few other Counties that the various Websites offer that go back to the 1950's or 1930's or so, but I'd have to look for those again. My work requires all the way back to Dirt, so I didn't make a list of those.

Have you searched the State's Unclaimed Properties website yet?

Charles

16

Under Par -

Linda has a pretty good idea here. There are several other websites that you can research your family history on as well. I have a short list of some if you would like those.

Charles

17

These websites showing Deed records...could you post them for us. They sound very interesting. It would sure help a lot of us on a project I am working on for a number of families.

Chris Wilson said:

Dear Not a Landman,

Another problem you may have, is that in Texas if you die without a will, Texas will make one for you and your not gonna like it. My Cousin died in Texas with out a will and the state split her minerals between her Husband and Mother. I suggest you look in the Texas unclaimed money fund in your relatives names. I found $9000 under my Grandmothers name for Production that was paid out over 20 years ago. And you might well find some too. Maybe that is where your money is from production on your land that they started drilling. Might want to make a trip to texas court houses to see what your kin folks owned. Who knows they may have not left a will but set up a trust for you and yours in one of the court houses.

God Bless and continued success in all endeavors.

Chris Wilson

18

Here you go!

These are all of the Subscription Services I have for Texas Counties right now, but remember also that many County Clerks have their own Records online: Bexar County, Dallas County, Denton County, Tarrant County, Harris County, Fort Bend County - a whole lot of them.

http://countyrecords.com/ [a personal favorite]
https://scans.drillinginfo.com/ [Must Subscribe to DrillingInfo}
Another good site:
https://familysearch.org/
I have a few more websites for States like Colorado, Missouri and Arkansas - these are for Texas.
Would love to hear about any others you know about or discover.
Hope this helps!
Charles