Estate & Probate

Not sure what your next step is toward settling an estate with oil and gas assets? We may have the answer. Fill out the following questionaire form as we know the probate laws and title transfer requirements in most states and we are happy to share from our years of experience working with trusts and estates. Be aware that the process of selling oil and gas royalties out of an estate can be different from state to state.

Or simply call us today at (903) 984-3443 to discuss title transfer, royalty valuation, oil and gas royalty options to get you moving in the right direction.

Oil And Gas Estate & Probate FAQ

How to value mineral rights for estate?

The value of mineral rights depends on a number of factors.

• Type of mineral
• Market conditions
• Mineral location
• Lease terms 
• And more

What happens to mineral rights when someone dies?

1. Determine Who Owns The Mineral Rights

The ownership of the mineral rights is determined by the deceased person’s will. Or by state laws of descent and distribution if there was no will. In this case, the mineral rights will usually go to the person’s legal heir.

2. Get A Court Order For Transfer

If the mineral rights are part of an estate that’s being probated, a court order for the transfer of the mineral rights is usually needed. This means a petition and court hearing are necessary to determine the ownership.

3. Create A Transfer Agreement

Once ownership is determined, the parties involved in the transfer must create a transfer agreement. The terms of the transfer should be outlined clearly. This will include ownership, rights, responsibilities, and specific conditions. 

4. Record The Transfer

The transfer must be recorded by the state agency that regulates oil and gas. This would be the Texas Railroad Commission.

5. Pay Any Fees

Check with the Texas Railroad Commission to see if there are any fees that will need to be paid.

What mineral rights transfer when the property is sold?

This depends on the terms of the sale. It must be specified in the sale agreement if the mineral rights are included with the property sale or not.

What happens to royalties after death?

What happens to the royalties depends on the terms of the mineral rights agreement. A few possibilities are: 

• Transfer of royalties to a beneficiary
• Transfer of royalties according to state law
• Termination of royalties

How to transfer mineral rights in Texas?

1. Review The Current Title

Review the current title before transferring the mineral rights. 

2. Negotiate And Execute A Transfer Agreement 

An agreement should be outlined in the terms of transfer. This covers the transfer of ownership, the rights and responsibilities of all parties, and any special conditions. 

3. Record The Transfer 

The Texas Railroad Commission must record the transfer once it’s been executed. Usually, this can take place through the Commission’s website. 

4. Pay Any Fees

Sometimes there are fees such as filing fees or taxes. Check with the Texas Railroad Commission to see if there are any that apply to your case.

OIL AND GAS ESTATE & PROBATE TERMINOLOGY

Below are definitions of estate and probate terminology commonly seen when dealing with oil and gas royalties in estates:

• Administrator: The person named in decedent’s will to administer the estate who accepts the appointment by qualifying before the clerk. Also called executor, executrix or personal representative.
• Affidavit of Heirship: A statement of facts relating to the death and heirship of the decedent which is sworn to before a notary public. Usually executed by someone who knew the decedent but is not an heir to the estate.
• Ancillary Probate: The additional probate required to legally transfer title when the oil royalties are not located in the same state as the decedent. For example, the decedent’s estate was probated in New York (the decedent’s state of residence) but the oil royalties are located in Oklahoma.
• Attorney in Fact: A document authorizing one person (“agent”) to act on behalf of another person (“principal”). Also called “Power of Attorney.”
• Beneficiary: Person receiving assets of an estate under the terms of the will.
• Certified Copy: A copy of a document that is signed and certified as a true copy by the officer to whose custody the original is entrusted.
• Decedent: Deceased person.
• Estate: The decedent’s property at the time of his death.
• Executor: The person named in decedent’s will to administer the estate who accepts the appointment by qualifying before the clerk. Also called executrix, administrator or personal representative.
• Executrix: A female executor. Also called administrator or personal representative.
• Fiduciary: A person in a position of trust with respect to another’s property. A term used to refer to the executor or administrator.
• Final Decree: A court ruling detailing the distribution of assets of an estate.
• Foreign Will: When the decedent owned an asset in one state but the decedent’s will was probated in another state (i.e. the decedent owned oil royalties in Texas but his will was probated in Florida).
• Heir: Person receiving assets of an estate under the terms of the will.
• Heirs at Law: Persons who would inherit the decedent’s estate if the decedent died intestate, or without a will.
• Intestate Estate: An estate to be administered without a will.
• Inventory: Detailed list of real and personal property in an estate.
• Letters Testamentary: A written decree of the court whereby the executor is named.
• Personal Representative: The person named in decedent’s will to administer the estate who accepts the appointment by qualifying before the clerk. Also called administrator or executor.
• Power of Attorney: A document authorizing one person (“agent”) to act on behalf of another person (“principal”). Also called “Attorney-in-Fact.”
• Probate: The legal process in which a court oversees the distribution of property left in a will. The procedure whereby a will is admitted of record in the clerk’s office, including the process of qualifying a person as an executor of an estate and the process of administering an estate.
• Testator: One who dies leaving a will.
• Testate Estate: An estate to be administered pursuant to a will.
• Will: An individual’s written declaration of property disposal after death.