I am getting ready to file the "Affidavit of Heirship" with the Reevse County Clerk. I have two copies of the certified birth certificates for all three sibling heirs - my brother and sister. I am told that the the "Affidavit of Heirship" form and backup documenation must be filed in duplicate. But it must not be filed by one of the heirs. Does an attorney have to do it or could I have my wife be the "filer" of the affidavit?
Also, at $25 for the first page and $4 for each attachment page, do I double the fee because it is in duplicate?
Do not file them in duplicate, that's a waste of money and will do nothing but cloud title. You don't need to file birth certificates either. You only need to file the original affidavit. Anyone can file a document, it's who signs it that is important. In fact, if you're working with a landman I would get them to file it....or at least ask.
Keep this in mind: for an affidavit to be valid the affiant, person signing the document, must be a disinterested party. Your wife is married to you and is therefore not disinterested. You need to have a family friend, attorney, neighbor or something along those lines to sign the affidavit. If you or your wife sign it (or your siblings or your kids), it will be a self-serving affidavit.
A couple of years ago I filed an Affidavit of Heirship for the mineral rights that my deceased mother owned.
A local in Pecos filled out the form with the information I provided, and mailed it to me for signing.
I signed the Affidavit of Heirship in the presence of a Notary Public and sent it back to be filed.
It was recorded in Reeves County.
There was no requirement for it to be signed by a "disinterested party". That would not make any sense as the document is written in the first person by the the person (me) who is laying claim to the property.
Stephen Lambert said:
In fact, if you're working with a landman I would get them to file it....or at least ask.
Keep this in mind: for an affidavit to be valid the affiant, person signing the document, must be a disinterested party. Your wife is married to you and is therefore not disinterested. You need to have a family friend, attorney, neighbor or something along those lines to sign the affidavit. If you or your wife sign it (or your siblings or your kids), it will be a self-serving affidavit.
State law says an affidavit of heirship is supposed to be signed by two disinterested witnesses. This requirement is routinely ignored, and most oil companies will accept affidavits from interested witnesses as sufficient proof to sign a lease.
The blank form provided by the state has no place for disinterested parties to sign; only the standard Notary Public blanks.
Reeves county accepted it, and it is duly registered.
As the person filing for the Affidavit of Heirship I am, of course, required to sign it.
I'm guessing that the requirement for two "disinterested witnesses" is something left over from those dark days before Notary Publics were widely available as "professional witnesses". ;-)
I agree with Mr. Caldwell. One thing to note is just because the county accepted it, doesn't mean it is correct. As long as it is notarized, they'll record your shopping list or the resturant menu across the street from the courthouse.
You are not actually filing "for" an Affidavit of Heirship. It is simply a statement of facts laying out the Family and Marital History of an individual. It's purpose is to form a chain of title into the Heirs of the deceased. As such, those Heirs have something to gain from it, and could make an Affidavit using false information in order to form a chain into themselves. A Notary is only acknowledging that the person executing the instrument is who they say they are, and not actually affirming the truth of the Affidavit.
As Mr. Caldwell stated, a Landman may accept an Affidavit from an interested party for the purpose of acquiring a lease, however, when it comes time to drill and a Title Opinion is rendered, there will almost certainly be a requirement to attain a new Affidavit of Heirship from a disinterested party. Failure to acquire that affidavit could place your royalty payments in suspense.
It's best to get it done the correct way the first time around.
Thanks for your input everybody. It appears that I can complete the form as if it is being filled out my best friend from childhood, have them sign it in front of a notary, file it by mail with the county clerk along with a check for $25.00. If I am wrong, please correct me.
It's best to have 2 disinterested parties sign the affidavit if available. Other than that, you are correct, although I am not certain on the filing fees.
Certified mail is never a bad idea. I usually send Fed Ex myself.
Mr. Matthews,
All it takes is two long term family friends, or two relatives who do not own the minerals, a family attorney, a family CPA, etc. The affidavit is signed by the witnesses, but anyone can record it in the deed records.
I'm in the same situation. My mother who was a co-owner of some family land in Reeves died without a Will in the 80's, and only recently did I become aware that I inherited her share. My mother would be 99 years old if she were living, and my father 102. There is absolutely no one still living who knew them except relatives who are also co-owners ... and their children, grandchildren, and spouses ... all of whom stand to inherit the property someday ... and so are not disinterested.
As was mentioned above, an O&G company was willing to lease me if I signed an Affidavit of Heirship they wrote for me. But what will happen when there is production ... will they be able to hold my royalties forever?
Ray,
In my experience, if the oil company accepts an affidavit of heirship signed by you in order to lease, they will also go ahead and pay royalties. If you have relatives who have not yet inherited a share, they may be considered disinterested witnesses. Also, it is okay to give family history in an affidavit even if you were not alive when it happened. For example, you don’t have to find someone alive when your parents were born. The older the better, of course. Also, an older relative who has given their interest to their kids can be a disinterested witness.
As I read the form it is in the first person of the individual filling it out. Does the second person just sign the same form in front of a notary? Do they put their personal info on the form also,( address, dates. He knew decedent, etc). ?
It is supposed to be in the first person. If both can say exactly the same thing under oath, then two people can sign one affidavit form. However, if there is any difference in what they say or know, then it needs to be two separate affidavits.