I am the executrix for my mother's estate. She had and oil and gas lease with Chesapeake. we are going to sell the residence on the property but not the mineral rights. There will be an addendum in the closing papers stating this, but is there some other document I need to file to transfer the mineral right into mine and my sister's names?
A LOT depends on what State the parcels are located in, but if nothing else I would Strongly advise you have new Deeds drafted to convey the minerals to the respective parties involved.
I have seen too many situations where not using an Attorney has been a major issue and would strongly recommend you hire an Attorney.
I am NOT an Attorney and have nothing to gain by recommending you hire an Attorney, but it makes sense to guarantees everything is filed properly.
In Texas, you can reserve the mineral rights and royalty in the Deed when you sell the house. Be sure when you list the house you put the Addendum for reserving minerals in it. Any realtor in your area should familiar with reserving minerals, if not find one who is.
Be sure to check the Deed on the house sale prior to closing that it contains language reserving the minerals and royalty
In Texas Property Code Section 75.001, the definition is: "Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturallyconsidered a mineral in this state, regardless of the depth at which the oil, gas, uranium, sulphur, lignite, coal, or other substance is found.
You can also reserve your water rights and air rights, if you so desire.
Be sure you know the amount of mineral rights your mother has. Read her Deed to see the amount transferred when she bought the property. Or you could have someone execute a chain of title just to be sure.145-AddendumforReservationofOilGasandOtherMinderals.pdf (216 KB)