Transferring the mineral rights

My mother passed away in April and she didn’t leave any information on how to get it transferred in my brothers and my name. This document is from when my grandmother was still alive. I don’t know any of the family member’s left to get the information.

You may have to file a probate or an affidavit of heirship. There are several posts by Richard Winblad on the forum. Was there a will in Texas?

See our Directory for attorneys listed there. Upper right in the blue bar.

She has a will in California but nothing on the mineral rights

If the Will is probated, you need to get a certified copy and file it in the deed records with the Harrison County clerk. The mineral rights will automatically vest in you and your brother pursuant to the Will either as all rest and residue or as a specific bequest. If you did not probate your mother’s Will, title transfers to you via intestate death and distribution in Texas but I suggest drawing up a simple Affidavit of Heirship stating your mother’s birth and death dates, surviving heirs and city/state where you live. The Affidavit needs to be notarized and filed of record in the Harrison County clerk’s office (again, this is only if there is not a probated Will). You already own the minerals due to her passing, it is more a matter of giving notice so a landman can find you if a company wants to lease those minerals. Now if these are already leased and producing, you also need to contact the Royalty Relations department of the oil company and provide documentation in order to get paid properly.