Legal Question in Real Estate Law in Texas

You don't have to form an entity to keep the minerals. You can keep the minerals by (1) reserving them when you convey the land or (2) conveying them before the sale (you will still want to reference the fact that the minerals have been sold). If you wish to convey the minerals pre-sale to an entity (and wish to hold them in an LLC) you would form the LLC by filing a certificate of formation with the Texas Secretary of State ($300) and then you would want to have an organizational meeting and an operating agreement for your records.

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