Email me your tel. no. to chuckbalch@gmail.com and I will call you and tell you how to handle this. Take care. Chuck Balch
Just make out an affidavit of heirship and send it along with original death certificate to the county clerk and recorder in that county along with recording fee. Very simple and will only cost $10 or $20. Call them to verify how much money to send and you might consider having the probate also recorded. You'll need the legal description on the document and the other documents will be recorded as an attachment. You can also just convey by deed as the executor of the estate the minerals to you and your sister. I would still probably want the probate with death certificate recorded. This will cheaply get you and your sister on record. If anyone wants to lease and drill a well then they may require you to spend the money to probate it in Mississippi but no need to do it now and you don't need an attorney. Everyone says get an attorney like no one is smart enough to do anything for themselves and as though an attorney would only charge you a couple bucks and everyone should know attorneys are not cheap.
In response to Tim Metz's answer: We own land that is leased in McMullen Co. Texas. My mother's name is still on the original deed. She is deceased and her will left all to my father who is deceased. My brother, sister and I are the heirs. My father didn't leave a will, but his estate was probated. Do we need an heirship affidavit to get our names on the deed? We don't live anywhere near Texas and it would cost so much to fly there and get a lawyer. Our names are registered in the courthouse for historical reason only, but our names are not on the deed.
Sandra,
Was the estate probated in Texas? I'm sure John would probably be a lot of help.
No. My father's estate was probated in Memphis, Tennessee (Shelby County). There was nothing in either my mother's will or the probated estate of my father mentioning the Texas property. My aunt had been paying the taxes for years. When my aunt died, her son took over the taxes, then he died. His wife sent me all of the info. and we've been paying the taxes ever since. That was about 10-15 years ago. Anyway, I have my mother's will and death certificate and my father's death certificate and probated estate. My brother was the executor.
What do I need to do?
You said it was leased, you mean it's producing? Minerals are only taxed there if they are producing. If they are producing who's getting paid?
Thanks for the responses to the original question about affidavit of heirship in Mississippi. I found a generic affidavit of heirship form online that looks like it would work, but want to be sure I understand how to fill it out. Even though I'm the executor of my father's estate, apparently someone else who knew him, knew his affairs, about his death & heirs, etc. has to complete the affidavit? And apparently it's ok if a relative fills it out? Could one of my children do the affidavit?
Chuck, I sent you an email with my phone number. Please let me know if you didn't get it. Thanks!
EOG has leased the properties but as far as I know, they haven't drilled. I have talked to the crew cheif a few times, but he always says the same thing, "Be patient". They have given us money for the survey and a bonus to sign. They have a 3 yr. lease with the option for 3 more years.
Is it possible to separate this discussion into two separate threads, as Sandra and I really have different questions?
http://www.window.state.tx.us/taxinfo/taxforms/53-111-a.pdf Texas FORM, but you shouldn't need to do this if the deceased left a will that was probated in TX court
Thanks, Ed. The problem is that the will was probated in Texas, but the mineral rights are in Mississippi. I talked to the Chancery Clerk's office in Mississippi, and the conclusion was that I could send a document like this to be filed the their office so that anyone searching the records would know how to contact the heirs.