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Adapter FAQ
Call the county where the minerals are located and ask how to transfer mineral ownership after death....They will probably require the following: Copy of the Death Certificate. Copy of the recorded will (or Affidavit of Heirship if there was no will) Probate documents. Completed W9 Form with the new owners' information.
75.101. PRESUMPTION OF ABANDONMENT. (a) All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three years after they became payable or distributable and the owner's underlying right to receive those mineral proceeds are presumed abandoned.
Usually, the owner of the surface estate owns the mineral rights under the property. However, under Texas law, those rights can be sold or leased to another party.
In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.
While both surface and mineral rights are generally conveyed when the landowner acquires the land, it is far more common for the seller to retain mineral rights than surface rights (or for prior sellers in the chain of title of the property to have retained the mineral rights).
As a general rule of thumb, you can expect to sell mineral rights in Texas for 4 years to 6 years times the average monthly income.
Even if mineral rights have been previously sold on your property, they could be expired. There is no one answer to how long mineral rights may last. Each mineral rights agreement will have different terms. A mineral rights agreement may range from a few to 20 years.
Transfer Your Mineral Rights Transfer by deed: You can sell your mineral rights to another person or company by deed. Transfer by will: You can specify who you want to inherit your mineral rights in your will. Transfer by lease: You can lease mineral rights to a third party through a lease agreement.
Like surface interests, mineral interests are passed down by inheritance. If there is a valid will, it controls who gets the property. If not, Texas laws of heirship controls.
Like surface interests, mineral interests are passed down by inheritance. If there is a valid will, it controls who gets the property. If not, Texas laws of heirship controls.
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