Transfer of minerals

We have inherited minerals from the death of our mom/step mom. We are wanting to give these rights to the biological children. There is a will but we are giving our rights to them per SC probate paperwork. Do we have to probate in Texas if we have already given up our rights. A lawyer from Texas is saying we still have to probate it and file a Affadavit of heirship and pay him $1200.00 to do so. Please help.