Title to real property owned by deceased party passes one of two ways- either by testate succession or by interstate succession. Testate is with a probated Last Will and Testament. Intestate is without a Will. In the absence of a Will, or if the Will has not been probated, title to real property passes according to the Laws of Descent and Distribution for the State in which the wells are located, and not the state of residence. Depending on the circumstance, the documentation we must be provided is as follows: TESTATE (probated Will)
- Copy of PROBATED Last Will and Testament, with Certificate of Filing containing Probate File number from Probate Court.
- Letters Testamentary naming the Executor.
- Determination of Heirship, Judgment of Possession or other probate documents.
- Final Decree of Distribution.
- Provide proof that debts and inheritance taxes have been paid.
- Recorded deed to beneficiaries.
- Furnish Addresses and Social Security/Tax ID numbers for each party inheriting.
- Record a certified copy of the Will & Probate in the County/Parish where the wells are located OR provide documentation of ancillary probate proceedings in the state where well is located.
Intestate (without a Will or Will not probated)
- Death Certificate
- Heirship Affidavit
- Provide affidavit from an individual acquainted with, but not related to the deceased.
- Signature of affiants must be notarized.
- Affidavits MUST be recorded in the County/Parish where the wells/property are located.
- Furnish Addresses and Social Security/Tax ID numbers for each party listed as a surviving heir of deceased.
P.O. Box 191447 Dallas TX 75219