Transfer Title & Division Orders

Ownership and Title
1

I am the executor for the estate of my mother who passed away last month. She had some paying mineral interests and I have contacted them and sent the necessary documents. I still have a couple of questions:

1. Is it necessary to also file the will in each of the counties where she has mineral interests? This can get quite costly at $26/1st page and $4 ea additional page, but I'm willing to do that with the paying mineral interests.

2. She also owned interests in lots of other older leases throughout Texas. These have not paid anything for years, but I would like to have my name on the property in case something began producing. I have been told by an accountant that the easiest way to do this is to send a certified copy of the will to the county and a copy of the death certificate. Is this true? Is this necessary? Is this the best way to accomplish this?

2

You need to send a Certified Copy of the Application Admitting the Will to Probate, Order Admitting the Will to Probate and the Will. This will pass title to your mothers heirs. These need to be filed in the counties she owned property.

DO NOT send a copy of the Death Certificate. This is a waste of money as this information is in the Application to Admit Will to Probate

3

Thank you Charles.

4

Could her attorney just send a Mineral Distribution Deed to each county?

5

You could do that, as long as it from the executor of your mothers estate. By doing the Deed if a company wanted more they could pay for filing the probate materials.

If your mother owned properties in more than one county, the Deed could be made up to cover all counties

6

Great. Yes, I am the executor of the estate and it is her estate attorney that would be sending the Mineral Distribution Deed.

Would the Mineral Distribution Deed need to include the legal description of each property?

7

You only need to file a probate in the County of her Residence. A competent landman and lease broker can trace you down. If any of the minerals go into production they would have to send you division orders. This is true in Texas I can't speak of other states. It would be a good idea to compile a list of the mineral interest in various counties where she had any if you know.

There are lots of legal ways to transfer ownership of land, minerals, personal property and more in Texas other than probate! If it is done properly ahead of time.

8

It would be best if the Deed had some sort of legal description, that way there are fewer questions about where the property is.

9

The key word in your statement is "Competent". I would much rather make it as easy as I could for someone to find me and lease my minerals.