Legal Question in Wills and Trusts in Texas

I am the executor for the estate of a man who died many years ago as a resident of California. He owned mineral rights to property in Texas. The value of the mineral rights are approx. less than $10,000. The heirs want to keep the assets. Can I transfer the ownership of the mineral rights to the heirs using a "Proof of Death, Heirship" form, and avoid costly probate, since he owned no other assets in Texas ?


Asked on 3/27/12, 9:41 pm

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Simply put no. To really clear title, you would need to do an ancillary probate. However, since your clients are probably only royalty owners, the people who pay the royalty may take an affidavit of heirship. You would need to contact them

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Answered on 3/28/12, 8:53 am


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