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Inherited mineral rights in Texas
A large share of the mineral rights in Texas are owned by people who inherited them. If that is you, here is the short version of what to do, in the order we would do it. For more on East Texas specifically, read I just inherited mineral rights in East Texas. Now what?
1. Confirm what you inherited
Texas mineral ownership is public record, and you can look most of it up yourself:
- County clerk: deeds, recorded wills, affidavits of heirship and leases, filed in the county where the land is.
- Appraisal district: producing mineral interests are appraised and taxed by the county appraisal district, so the appraisal roll can show what your family owns.
- Texas Railroad Commission: public well, permit and production records, so you can see what has been drilled near the land.
- Texas Comptroller: royalties an operator could not deliver can end up as unclaimed property. Search the name of the person you inherited from at ClaimItTexas.org.
2. Get it recorded in your name
Operators pay whoever the records show as owner. In Texas, heirs usually get there through probate, where the will and court order are recorded in the county where the minerals sit, or through an affidavit of heirship, a sworn statement about the family that is recorded with the county clerk. Which one fits depends on your family and the estate. This is a good place to spend an hour with a Texas probate attorney.
3. Get paid
Once you are on record, contact the operator. Expect a division order stating your decimal interest. Check the decimal before you sign. Send the W-9 they ask for, and ask whether any money was held in suspense while ownership was sorted out.
4. Decide what to do with it
Some families keep minerals for the steady check or because the land matters to them. Others sell because the interest is split among many heirs, the check is small, or the money would do more good today. Neither is wrong. Taxes on a sale depend on your situation, so talk to your accountant first. If you are curious what yours might bring, start with what are my mineral rights worth.
Things to watch for
- Papers in the mail with a check attached can be an offer to buy your minerals. Know what you are signing.
- A document that looks like a lease can be a deed.
- Get more than one written offer before you sell.
If your minerals are in East Texas
We buy in all twenty-three counties of Railroad Commission District 6, from Nacogdoches County and San Augustine County up to Bowie County and Red River County. See every county we buy in, call or text (936) 289-3438, or send us the basics through the form on our home page. Tell us the county and who you inherited from, and we will look it up for free.
General information, not legal or tax advice. Talk to your own attorney or accountant about your situation.