When land and mineral rights pass across generations without probate, titles freeze, oil companies suspend royalty disbursements, and county taxes accumulate. We trace genealogical courthouse records, reconstruct lawful intestate descent under Texas and Oklahoma law, cure clouded titles, and purchase fractional co-tenancy shares for immediate cash.
Model exact fractional ownership distributions governed by the Texas Estates Code (§ 201.001–§ 201.003) and Oklahoma Statutes Title 84 (§ 213). Instantly generate and export a formal Affidavit of Heirship Specimen (.CSV) ready for county clerk recording.
How we resolve complex, fractured heirship trees and unfreeze clouded mineral conveyances.
We pull recorded deed books, probate minutes, marriage certificates, death certificates, and census rolls going back through the patent. We prove every branch of descent to satisfy strict title attorney title opinions.
Drafting compliant affidavits executed by disinterested third parties who knew the decedent for decades. Properly recorded in the county deed records, creating prima facie evidence of heirship after 5 years under Texas law.
When operators place royalties in suspense due to unprobated estates, funds sit in escrow for decades. We coordinate with operator division order departments to file title curative and remit held proceeds to lawful heirs.
Tired of coordinating with 18 distant cousins or paying county tax bills on a 1/24th interest? We purchase individual undivided fractional interests directly for cash, assuming all curative burden and future tax liabilities.
A concise review of the legal rules dictating title passing upon death without a will.
If a decedent dies intestate leaving a surviving spouse and child or children: the surviving spouse takes a one-third life estate in the separate real property, with the remainder vesting equally in the children. The children take the remaining two-thirds fee simple interest immediately.
If all surviving children of the decedent are also children of the surviving spouse, 100% of the community estate vests in the surviving spouse. However, if any child is from a prior relationship, the deceased spouse's 1/2 community interest passes to their children, and the surviving spouse retains only their original 1/2 share.
An Affidavit of Heirship that has been recorded in the county deed records for five or more years creates a rebuttable presumption of the facts stated therein. Operators and title examiners rely on this standard to issue division orders without costly court determinations of heirship.
In Oklahoma, if a decedent leaves a surviving spouse and more than one child: the surviving spouse takes a one-third fee simple share, and the children share equally in the remaining two-thirds. Oklahoma does not utilize the Texas life estate doctrine for intestate separate realty.
Have questions about family land, an unprobated will, or suspended oil royalties? Submit the tract details below. Our landmen will examine county records and provide a free title assessment.
An Affidavit of Heirship is a sworn instrument recorded in the county deed records when a property owner passes away without a will (intestate), or when a will was not probated within the statutory period (typically 4 years in Texas). It states the facts of the decedent's family history, marriages, children, and debts. Under Texas Estates Code § 203.001, once recorded for five years, it serves as prima facie evidence of heirship, allowing operators to issue division orders and title companies to insure conveyances.
To be accepted by oil operators and title attorneys, the affidavit should be signed by two disinterested third parties—individuals who knew the decedent personally for 10 to 20+ years (such as long-time neighbors, family friends, or church members) but who stand to inherit nothing from the estate.
Yes. Under Texas and Oklahoma co-tenancy law, each tenant in common owns an undivided interest in the fee or mineral estate and has the absolute right to convey, lease, or assign their own fractional interest without the consent or signature of any other co-heir.
When an operator discovers that a mineral owner of record has died and no probate decree or Affidavit of Heirship is recorded in the county courthouse, they cannot legally know who owns what fraction. To avoid double-liability, they place all production payments into statutory suspense until title curative is provided.
Unprobated heir property frequently accumulates years of unpaid county ad valorem taxes, eventually resulting in a tax foreclosure lawsuit. When we purchase fractional heirship interests, we calculate the accrued taxes, pay the county appraisal district directly at closing, and prevent tax auction forfeiture.