Trying to help a relative change name from late husband’s to hers on mineral rights - Gaines County, TX. Late husband’s will was not probated. I can’t seem to get an answers about what documents need to be filed in Gaines County in order to get surviving spouse’s name on title. There was a will but it was a small estate and probate was not required. Spouse inherited all real and personal property. County Clerk’s office declined to give info- said they only file forms, don’t offer advice. Do we need an attorney?
I am currently in a similar position in Penna. In that state, you need to file an orriginal copy with the emplossed seal of the death certifiecate. Then, you need to probate the will and have it registered. Currently, I am trying to get the will accepted without probate and there was no inheritance or money at the time of death. This is probably similar in Texas
I know that in Texas, on HAS TO HAVE ORIGINAL COPY OF DEED to transfer into another person's name. Generally, these are located in the County Records division of the local county. I know because the bank had to send someone to go to each County to obtain the Original Deeds before we could change to our name when ditching the high cost accounting fees of the bank involved. We wish you all the best, if you can find a file w/the Title or any other paperwork, you will be able to make your way through the process easier, especially if you can find the Original Deed or even a copy of same w/Death Certificate, sad to hear of your loss and wish you all the best - And, yes, our accounts and holdings are all in Texas save two which are in LA - Cheers!!!
An Affidavit of Heirship will transfer title
Thank you!
Charles Cunningham said:
An Affidavit of Heirship will transfer title
I have a blank Affidavit of Heirship from NY State, where my father-in-law lived and died. Will that form suffice, or do I need to get one from Texas? Once this is filed with Gaines County, will a new deed be sent to my MIL? I have thought about going down to the courthouse myself, but I live in Chicago, so it wouldn't be cheap, and I may not have everything in hand that they need. The other part of the equation is that I believe my MIL is due royalties as one part of my FIL's mineral rights look to have been pooled into Jenkins Unit in 1993. If you can provide any help or advice, it would be much appreciated!
Charles Cunningham said:
An Affidavit of Heirship will transfer title
Would suggest a Texas form. Actually under the probate code it is supposed to be affidavits from two uninterested witnesses.
Thank you.
You need to file an Affidavit of Heirship with the Gaines County Clerk, to which you might attach the death certificate. You do NOT have to get a hold of the ORIGINAL DEED. That is total hogwash. Once you have filed that Affidavit, request a certified copy of it and, if there is an account pertaining to these minerals at the Central Appraisal District, present the Certified Copy of it to the Central Appraisal District. That should get them to change the owner's name in their records. Also, if these minerals are producing, send another certified copy to the producer.