I was told in order to do this I would have to write a deed. As I pay taxes every year to Marion County Texas I would think that a deed already exists and I would have no idea how to write one. Thank you.
Mineral rights (with or without surface) are real estate and, similar to a house, a deed needs to be filed in the county records to transfer title from one owner to the next. There should be a deed or probate filings into your name which has been recorded. It will have the proper legal description. Texasfile has Marion County records online back to 1954 which you can search for your name and purchase and download for $1 per page if you do not have a copy. If you acquired title before 1954, then you may need to talk with the county clerk’s office. An attorney can prepare a simple deed assigning the property to your grandson which you can sign, notarize and file with the county clerk. Be sure your grandson understands that he will need to get this to the county tax authority to change to his address and pay taxes. He should keep a folder with copy of the recorded deed into you and from you to him, and add tax statements and leases or other information over time to keep up with his land.
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TennisDaze covered the deed. One thing to raise with the attorney first: a gift deed now hands your grandson your cost basis, so if he ever sells he owes capital gains on decades of appreciation. Texas has a transfer on death deed, Estates Code chapter 114, and it works for minerals. You keep the royalties and the tax bill. He gets the minerals when you pass, no probate, and the basis resets to that date’s value. Same one-page recording at the Marion County clerk.
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