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Oil/Gas/affidavit of heirship


My mom passed away about 8 months ago.  she left a will that left everything to her 8 grandchildren.  The only real property she has is a small interest in mineral rights.  Can I file an affidavit of heirship and  at the court house rather than probate her will? Any help you can give me would be much appreciated

An affidavit of heirship is used on a regular basis for understanding the passing of ownership from one to another.  It is not as definite as probating but it is acceptable.  You will want to have two people execute the affidavit that do not stand to inherit anything and who know the heirship and can swear to the status of the heirs.

You should think clearly about any other impact related to the filing rather than probating the will.

Hope this helps some...feel free to ask a follow-up if necessary.  


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Cliff Williams


I will try to answer any question you have. Even if I reject a question, I still will give a shot at what I would do in your position. The only questions I will not take a shot at would be a highly technical engineering or geological question. I am beginning to see quite a few questions from land men and other oil companies and that doesn't matter to me either. I will attempt to help.


I am an oil and gas attorney that has been in the business for more than 20 years. I have held a series 22 and 63 securities license, been in oil and gas operations, land man, division order analyst all prior to obtaining my law degree. Today, I typically write title opinions verifying ownership of oil and gas minerals, assist landowners in negotiations on oil, gas and mineral leases, easements and conveyances. I also assist oil and gas companies with the sale of working interest ownership as well as common business law issues.

State Bar of Texas, Member of the Tarrant County Bar and the Dallas County Bar Associations.

Multiple oil and gas topical columns on

I have a B.S. degree which I rely upon more than my Business Mgmt degree or Law degree...

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Husband and father of 26 years

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