SECTION 21, BLOCK 27, H&TC RR CO. SURVEY, A-26, HOWARD COUNTY, TEXAS
For over a year, I have been negotiating with Surge Energy’s Division Order Department which has raised a Title Requirement asking me to prove receipt of an interest from a family member who died in 1978. My interests originate from a Probate case in Sedgwick County, KS. Surge Energy is requiring that I file the 475-page Probate file in Howard County, TX. I have no objection to doing so except that most of the file is irrelevant to the Title issue in question. This company seems to be hyper-strict in imposing the requirements that they have, as other companies in Howard County are paying me based on Transfer documents I have filed with them and with dozens of other counties in Texas and Oklahoma. Does anyone else have the same experience with this particular company? I am also unable to obtain the amount of money being held in suspense pending the Title dispute resolution due to Surge’s office policy. There must be a simpler way to resolve this than “papering up” the Howard County, Texas Clerk’s office with irrelevant paperwork. Any suggestions for attorneys in the area? Is there any statutory relief for individuals who have encountered needless delay and expense imposed by a Title Department that is an outlier from all other companies in the County with whom I am dealing?
You need to have appropriate title documents filed in the county deed records. If some companies are paying you based only on tranfer forms your have given to the company and nothing has been filed in the deed records, then you have not established title. Frequently people file certified probate records with the will and the distribution order. An oil and gas title attorney can help you determine exactly what part of the probate record needs to be filed in Howard County so you will have clear title in the future. That may cost more than filing the 475 pages.
I’ve dealt with Surge before and have found them to be somewhat difficult. It’s difficult to answer your question without knowing the content of the probated estate, but I’ll try and help. In short, I doubt you’ll need to file the entire probated estate. If the probate had a Will that was not contested, simply get the following three documents from KS and make sure they are all Exemplified (triple sealed). 1. The Application for Probate, 2. The Last Will and Testament (and any and all codicils), 3. The Final Order Closing the Estate. That’s it, this usually is around 20-30 pages, tops. You can add the inventory if the assets were listed, but it’s unnecessary to do so. Hope this helps.