Grandma left you her mineral rights. But the oil company won’t send you a check until you provide “Probate documents.” What gives?
Texas Title Rules
In Texas, real property (like minerals) doesn’t automatically transfer to heirs just because a will says so. The will must be :probated in court to be legally recognized.
Without probate, you have no legal standing. The operator sees a dead person’s name on the :Division Order, and they can’t just take your word that you’re the rightful heir.
The Two Main Options
1. Full Probate A court-supervised process where a judge validates the will and appoints an executor. Takes 4-12 months. Costs $2,000–$5,000+ in legal fees.
2. Affidavit of Heirship If probate is too expensive or the estate is small, you might be able to use an :Affidavit of Heirship. This is a document signed by :disinterested witnesses that swears to the family history.
What Happens If There’s No Will?
If your relative died :intestate (without a will), Texas law determines who inherits. The formula depends on whether they were married, had children, or had surviving parents. It gets complicated fast.
How We Can Help
At Double Fraction Minerals, we often pay for the legal costs to clear up these title issues as part of our purchase. We have an in-house land team that specializes in untangling complex family trees.
We’ve handled estates with 50+ heirs scattered across the country. We’re patient, and we know the process.
:probate
The legal process of validating a will and distributing a deceased person’s assets according to their wishes (or state law if there’s no will).
:division-order
A document from the operator that establishes your ownership percentage in a well. Signing it confirms your share and authorizes the company to send you royalty checks.
:aoh
Affidavit of Heirship. A legal document used to transfer title without full probate. It relies on the testimony of people who knew the deceased but do not inherit anything—like neighbors or family friends.
:disinterested-witness
Someone who has no financial interest in the estate. They can’t be an heir or someone who stands to benefit from the outcome. Their testimony carries weight precisely because they have nothing to gain.
:intestate
Dying without a valid will. When this happens, state law determines who inherits, which may not match what the deceased would have wanted.