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Real Estate: Texas/division of mineral rights


My husband has died , what is the division of our mineral rights between me and my two children?

If a person dies without a will, and the deed to the property does not expressly include joint tenancy with survivorship language then issues arise as to which persons have title to that property and in what percentages.  Such property is often referred to as “heirship property.” It is essentially unsellable as it is, and a title company will not issue title insurance until heirship issues are addressed and resolved.  This must be done by either a probate proceeding in county court (resulting in appointment of a personal representative of the estate and ultimately a judgment determining heirship) or by an “affidavit of heirship” followed by a deed signed by the heirs.

In either case it is best to first speak with an attorney. 

Information in this article is proved for general informational and educational purposes only and is not offered as legal advice upon which anyone may rely. The law changes. Legal counsel relating to your individual needs and circumstances is advisable before taking any action that has legal consequences.  Consult your tax advisor as well.  This firm is not a law firm and does not represent you unless and until it is expressly retained in writing to do so.

Real Estate: Texas

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