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Issue

Heirship and probate of mineral interests

Mineral interests outlive their owners, often by generations. When an owner dies and nothing is filed, the interest stays in that person's name of record while the money goes into suspense. Disputes ask who succeeded to it. The record shows what was filed, where it stops, and what is missing.

What the record can show

  • The last owner of record, and the instrument that vested the interest in them.
  • Wills, probate orders, inventories, letters and judgments, in the county where the land lies and in other counties.
  • Affidavits of heirship, and the family facts they state.
  • Later deeds out of heirs, and whether the fractions add up.
  • In Louisiana, judgments of possession in the parish conveyance records.

Documents that matter

  • The deed or other instrument into the person who died.
  • Probate files from every county the family lived in.
  • Affidavits of heirship and small estate filings.
  • Obituaries and family records, as leads for the search rather than as title.
  • Division orders, suspense notices and earlier title opinion requirements.

How a landman's work helps

  • A descent chart that marks each fact as of record or not of record.
  • Probate searches in each county where the family lived or owned land.
  • A list of the curative the record calls for.
  • A report on what the county records show about successors, without deciding who the heirs are as a matter of law.

What to send

  • The name of the person who died, and roughly when.
  • The county and state where the minerals are.
  • Any deed, will, probate or division order you have.
  • The family members and companies involved, for a conflicts check.

We are landmen, not attorneys. This page describes the land record in general terms. It is not legal advice, and every matter turns on its own instruments.

Ask a landman about heirship and probate of minerals

Tell us the county and a line or two about the matter. A landman on our team reads it and answers by email.

Who reads it

A landman on our team. We read every request and answer by email.

What happens next

We check conflicts, then come back with who fits: a landman on our team, or a landman we know who works that county or that kind of dispute. How it works.

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