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A mineral deed with special warranty in Texas conveys all or part of the oil, gas, and other minerals of a grantor in real property to a grantee, subject to certain warranties covering the grantors period of ownership.
Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).
In simple terms, anyone who has the capacity to hold property can be a trustee. It is possible to be both a beneficiary and a trustee, although this may not always be appropriate. A trust may have just professional trustees, just lay trustees or a combination of the two.
An owner may receive royalty checks from producing mineral rights, most often from oil and gas companies in Texas. Non-producing mineral rights tend to be of less value. A fee simple deed conveys complete ownership of the property, meaning that the owner has both surface rights and mineral rights.
This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.
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While both surface and mineral rights are generally conveyed when the landowner acquires the land, it is far more common for the seller to retain mineral rights than surface rights (or for prior sellers in the chain of title of the property to have retained the mineral rights).
Like surface interests, mineral interests are passed down by inheritance. If there is a valid will, it controls who gets the property. If not, Texas laws of heirship controls.
Call the county where the minerals are located and ask how to transfer mineral ownership after death.They will probably require the following: Copy of the Death Certificate. Copy of the recorded will (or Affidavit of Heirship if there was no will) Probate documents. Completed W9 Form with the new owners information.
Transfer by deed: You can sell your mineral rights to another person or company by deed. Transfer by will: You can specify who you want to inherit your mineral rights in your will. Transfer by lease: You can lease mineral rights to a third party through a lease agreement.
The trustee named in a Texas deed of trust can be any individual person who has the legal capacity to hold and transfer property. Under Texas law, if the named trustee is a corporation, the corporation must be authorized to act as a trustee in Texas.

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