My father has passed away in Oregon and he has oil and gas intersts in Gregg Co Texas and Caddo Parish Lousiana. I have opened a probate in Oregon and have exemplified copies of it. I have now contacted all the operators to let them know, and sent them the copies. I have also filed those copies in the clerks office. But i hear nothing back from most of them. Should i be worried? Does the operator get the information from the county clerk, or do they give the information to the county clerk? In Caddo Parish, i get nothing from the Parish as far as taxes, my father just recieves checks from the operator. Where in Gregg County Texas, there are actual taxes paid to them. I would just like to know who I need to make sure is the correct party to get the mineral rights switched over. Does anyone know? Thank you in advance for any help or direction you can give me
You need to file the probate in the Gregg County deed records to establish your title if you have not yet done so. Then send copies of the recorded document(s) to the oil company. Best to use certified mail to prove you sent the deed(s). The company’s website may have a form to fill out and a specified email or mailing address. Look under your father’s name on the Gregg County Central Appraisal District and the Tax Assessors websites to see if property taxes are due. If these are working interests instead of minerals, then the operator will pay the taxes and bill you along with other well costs on the JIB statements.
Thats what i was being told by my Oregon Probate attorney, but when i call the Gregg County Clerk to find out how much i need to send with the paperwork, i get different answers and switched to all different departments! One says I have to file an ancillary probate, then refer me to a texas law help website, and can not give me a total of the money order to send in, another department says 24 for the 1st document and 4 dollars for additional pages. The probate clerk was really sweet, even told me they are not trained how to do these things so she is unsure and cannot give me advice on how or what to file.. lol Im left scratching my head. Caddo just had me file it as a conveyance, but that is a different state. I guess i will just pay to have it filed and see what happens.. maybe if i do it wrong, I will have someone that will tell me how to do it right! lol
County clerk is prohibited from giving you any legal advice. Texas does not require ancillary probate and accepts probate from other states. This differs from other states such as Oklahoma which requires ancillary probate. The recording fee sounds accurate, although it can vary by county. Make sure the original recorded document is returned to you and keep it in your permanent records. Send copy to oil company.
Becky: in Texas, the operator is the correct one to notify of transfers. They usually pass information about that change to the appropriate county clerk, but occasionally they don’t. Once the transfer is made, and you are getting checks in your own name, it’s a good idea to call the county clerk and make sure they got notice of the change. Be aware that the oil company may require an executor’s deed from the estate to you in addition to the exemplified pleadings.