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Oil/Gas/Trustees Deed and Assignment for Royalty Interests


My sister and I have inherited multiple Royalty Interests in three Texas counties. We do not own any surface rights. Both my parents and an only elder brother have passed away. Any interests inherited from our Mother passed through either an Exempt or a Non-Exempt Trust for her assets. As the elder brother has also passed, there is no need to retain any assets in either Trust.
I am Trustee in both cases and have successfully transferred (from Trust to sister’s and my ownership) Royalty Interests specific to one company with which there were existing leases, but it was expensive to file two (one for each Trust), three page Trustees Deed and Assignment (Distribution of Trust O&G Interests) documents with the courthouse. I hope to avoid repeating this costly scenario each time we are approached by landmen or operating companies.
Here is my question, can I combine transfer of the two Trust’s interests into one Deed and Assignment, and file just one of these with each of the three counties, with somewhat general language in the Exhibit section where I have previously been sighting the well name (if existing) and the survey and survey number containing the interest(s)?
In layman’s terms, we’d like to say “Dear County Courthouse Clerk, this Deed and Assignment serves to distribute any known and any unknown, future activated interests held in either Trust, that any land or operating company should come across in your records, who wants to drill or open old wells in XYZ County, Texas.”

The "Dear County Clerk" approach will likely be viewed as much too general in nature to be effective. I think you could just convey each trust's interest in total to you and your sister and file those conveyances of record in the applicable counties, thus putting everyone on notice that the trust no longer owns the property. Should just have to do that once if you transfer all the trust properties in each deed.

I would use a separate deed for each trust though...and probably have an attorney draw it get what you pay for, and this is something that should be done correctly. If you're not sure what the trusts own, you could just specify "all interest" owned by each trust in the respective deeds, though it would be better to list each property. In states that use the Congressional Survey System (i.e. section, township, and range) they would likely require a legal description so they could file it in the proper book, however in Texas that may not be necessary. Check with your attorney.

Hope this helps you out.
Frederick M. "Mick" Scott CMM RPL
The Mineral Hub  


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Frederick M. Scott


Oil and gas leasing, lease negotiations, how to best deal with the oil and gas companies or their representatives, buying/selling mineral rights, forced-pooling, correlative rights, deeds and conveyances, and "post-production" costs. I am most experienced with Oklahoma properties and laws, but am able to answer questions concerning other oil and gas producing states in many cases.


I am a Certified Professional Mineral Manager (CMM) certified by the National Association of Royalty Owners (NARO) in Tulsa, OK. I am also a Registered Professional Landman (RPL) with the American Association of Professional Landmen (AAPL). I have managed my family's oil and gas properties in Oklahoma for over 10 years and have dealt with many landmen, title analysts, attorneys and other oil and gas professionals in the process. I have written several articles which have appeared in various oil and gas industry magazines and newsletters. I have negotiated and drafted leases, prepared deeds, affidavits, and other legal instruments relating to my own minerals, as well as performed title, legal research, and curative work for same. I have acquired a good deal of knowledge on the subjects of oil and gas law, mineral appraisal, and landwork over the past ten years, and also worked as a professional landman and lease buyer for a time. I've seen the business from "both sides" and therefore feel confident I can help out most of the folks who ask questions in this forum.

National Association of Royalty Owners (NARO); American Association of Professional Landmen (AAPL)

National Association of Royalty Owners "Action Report" (ROAR); NADOA Magazine, The Mineral Hub, Landman Magazine, and several royalty owner association group's newsletters.

Certified Mineral Manager (CMM), Registered Professional Landman (RPL)

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