I recently inherited mineral rights in several Texas counties. For the most part the rights have been ignored for quite a while. I do think the taxes are paid because I found some receipts. Some of the land is in production, some is just leased and other parcels are idle.
How can I find out exactly what I own? Should I have deeds? Are all the taxes current? It's also very possible some parcels may have been 'lost' over the years. I'd also like to have all the legal descriptions. And know what is leased to whom, what's idle, what what is producing and for whom. Who should I be getting royalties from? Is there other information I should have?
How does one get this information and is it expensive? How much should I expect to pay?
Patty, this is not a way to complete the task you face, yet it is a way to begin. What you've described requires running the records in multiple county courthouses. Yet begin with this then considering hiring a landman (sorry I don't know the cost). This will give a landman a starting point.
Gather ALL the pertinent O&G papers you can find. Look for the following; Land Deeds, Mineral and/or Royalty Deeds, Leases, Division Orders, county tax receipts, check stubs, 1099 tax forms, Unitization Agreements, and even cover letters from lease deals. At this point, the age of the item (2011 or 1961) does not matter. So don't discard anything. Then sort through these papers you have, making your list of clues.
List each state involved (if more than Texas).
List each county named.
List all legal descriptions you have.
List oil company names (and "owner number" when present).
This really just begins the task, not ends it. Though short of searching each county courthouse (250? in TX), this will at least provide a place to focus initially and get you going. Good Luck.
You might want to consider making copies of all the documents/papers/letters, etc. Give these to the landman and you retain the originals in case he (landman) was to loose them.
Good luck on your venture. Sounds like Eastern MT knows the ropes. Thank you Eastern MT for all the help you give members on the forum.
Eastern MT is absolutely correct…it is a starting point. We were in a similar situation in Texas with mineral rights in 12 different counties with some tracts leased, some in production and some tracts idle. Try to track down every piece of information you have on each parcel and work through the county clerks office in each county. Also…do not assume that each county in Texas requires the same documents if you need to show proof of rights. We found that to be the situation in a few cases.
I wish I could tell you it is an easy and quick process but it took us about a year to clean up our situation. The county clerks were very helpful in most cases and assisted us tremendously in the early stages of our quest. Some oil companies (not all) were helpful in clarifying several old leases that were in production from early years. Also this forum has been a wonderful format for gaining additional insight into this arena.
One thing I have learned in all this process was to keep moving forward but have some patience…this journey is just starting for you but trust me it can be very rewarding.
My first question woould be is how the minerals were inherited? Was there a probate or were they in a trust? If so, then you could get a copy of the probate final division order. If in a trust, then you need to find out who the attorney is that drew up the trust.
Just a thought, possibly this isn't the case, but one thing I can tell you is that you've come across the right place to get this straightened out and help you along the way!
My first question would be to ask how you inherited these minerals? Were they included in a probate or were they placed in a trust? If they were included in a probate, then you could get a copy of the final order of distribution and possibly find out all the counties, legal's that way. If in a trust, then you need to find out who the attorney is that drew up the trust to see if they were actually placed in the trust, and if so, the trust should dispel all the counties, legal's, etc.
If neither of the above is the case, then you might want to take a look at all previous and present real estate (surface) owned by the decedent because, the grant, bargain and sale or warranty deeds may give you most of the answers your looking for inasmuch, as the number of mineral acres, along with all the terms and conditions set forth in the aforementioned deeds. A lot of the different county recorders have websites that you can search by name, parcel no., address, and so forth, like Clark County has.
Just a couple of ideas before you start searching through court house records which, I'm sure you know, is not at all entertaining or fun especially, if you're having to go back 40 or 50 years!
You maybe feeling overwhelmed, but like the above posts, it can be very rewarding and one thing I can tell you is that you've come to the right place to get some help along the way! People here, are exceptional and seem to go out of their way to help newcomers!!
You folks are right. I am overwhelmed. My husband died very unexpectedly in January and I'm finally starting to sort this stuff out. He had no will and we were married for 38 years and have no children. I was told probate is a waste of money because all that's involved are these mineral rights. I was advised to trace down everything I own and file and Affidavit of Heirship in each county. Then the rights will be put in my name. Then I can contact everyone and tell them to pay me. Is this correct?
My husband inherited the rights from his father. And his father inherited from his father. I share some of the rights with my husband's cousins and they are helping me get as much information together as possible.
The oil/gas checks have been a part of my income for ages. It's not a huge amount of money, only about 1K per month. Now they have all been suspended and this is causing me financial hardship. I also just learned a big lease I thought was coming up this year is now in production. Pioneer just drilled 2 new wells so now I have only royalties, no big lump sum payment. They are still hooking up the wells so it will be several months till they get around to the division orders and issuing checks.
None of this is easy and I need all the help I can get. My husband always said we had plenty of time to get this all sorted out. His plan was to change the ownership on everything to Joint Tenants with Rights of Survivorship. He was working on this and had the paperwork done by a lawyer. Too bad he died before it was sent in. This is a mess! And I'm also concerned that no one is paying the taxes. I can handle the drips and drabs of taxes but not a huge past due bill.
I am so sorry to hear about your husband! Sometimes life just doesn't seem fair!!
I'm new at this myself, but for starters, I would seem to think if you have been receiving royalty checks on some of the minerals your husband owned you could contact the oil companies to get the legal descriptions needed to file the Affidavit of Heirship's, so you can sign new division orders to get the royalties coming in again.
You can contact the OCC to find out about the taxes.
Also, the Affidavit of Heirship looks relatively simple to fill out, but I would first call the clerk in each county to verify the requirements, filing fees, etc. before sending them, so not to waste any time.
More importantly though, don't hesitate to keep asking questions on the forum! There's a wealth of information here with a lot of members who have many years under their belts in the oil business who may be able to suggest a better way to go about this!
The most important thing is to not give up, just take one step at a time! You will get this straightened out!
Wishing you the very best!!
P.S. You might want to post in the general discussion!