Hello, I have both mineral and royalty deeds from deceased grandfather. I am current leasing the acres to oil companies in the Eagle Ford, Karnes County, Texas. I have established myself as the owner of the royalty and mineral deeds with the oil companies through verification of certified wills and death certificates.
My question is there a legal process to put these deeds directly in my name to show I own the acres and minerals? Some sort of general warranty deed or such?
Thank you, Tom
Tom: yes, there is. One possibility, if your grandfather’s will has been probated, may be to have the executor prepare and file a mineral deed from the estate to you as beneficiary. If the will is not going to be probated, another possibility is to have an affidavit of heirship prepared and filed in the deed records. A third alternative is to file the will with the court and have it recognized as a muniment of title. You should have an attorney review your precise situation to determine which one of these is appropriate for you and your mineral interests.
Hi AimeeHess, Thank you for the reply. My grandfather passed in 1976 and the mineral deeds are from the year 1931. The deeds were passed to my grandmother, then mother, then to me. I have wills and death certificates. Looks like there isn’t a solution to have a deed made in my name?
Tom,
I agree with Aimee’s response. Your next course of action will depend on whether your mother died with a will, what the will provides with respect to the subject lands, and whether or not the will has been probated. If the will is not probated within four (4) years following the death, the decedent’s estate will be treated as though she died intestate (aka without a will). In this scenario where the will has not been probated, you will likely want to get an affidavit of heirship executed by two (2) disinterested parties who are familiar with your family. As Aimee mentioned, filing the will as a muniment of title may also be an option, however, this is only an option if there is no need for administration of the estate. I would advise you to get an attorney to help you move forward with the appropriate course of action after reviewing the totality of your circumstances and your mother’s estate.
Amiee & Jake, Thank you for the replies. Very helpful! I have 294 acres in Karnes County involved in 4 leases with some 20 producing wells.
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