How is mineral interest transferred?
After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner.
Can a court remove an independent executor in Texas?
If all the heirs do not agree, the court will appoint a dependent administrator. An independent executor can be removed after they are appointed. Texas Estates Code Section 404.0035 provides that the court may remove an independent executor if the independent executor:
When to demand accounting from independent executor in Texas?
Fortunately, Texas law provides a remedy. (a) At any time after the expiration of 15 months after the date that the court clerk first issues letters testamentary or of administration to any personal representative of an estate, any person interested in the estate may demand an accounting from the independent executor.
What can an independent executor of a will do?
To pay for the estates debts, expenses and claims, an independent executor can give mineral and ground leases, sell real and personal property, and borrow money. Where a will grants power of sale to an independent executor, the independent executor may sell real property without court authorization or approval.
What are the duties of an executor in Texas?
Duties of the Executor of a Will in Texas 1 Appointment. Although the will usually nominates the executor, it is a Texas court that actually appoints him, and the executor has no authority to act on behalf of the estate 2 Notifying Creditors. 3 Managing Property. 4 Closing the Estate. …
If all the heirs do not agree, the court will appoint a dependent administrator. An independent executor can be removed after they are appointed. Texas Estates Code Section 404.0035 provides that the court may remove an independent executor if the independent executor:
Fortunately, Texas law provides a remedy. (a) At any time after the expiration of 15 months after the date that the court clerk first issues letters testamentary or of administration to any personal representative of an estate, any person interested in the estate may demand an accounting from the independent executor.
Where do I file a Texas mineral interest will?
Texas Mineral Interest Will Probate Law Suits, Texas Oil Royalty Breach of Fiduciary Duty Executor Fraud Lawsuits, and Texas Real Estate Will Lawsuits. After a person dies, the Will and a death certificate need to be filed in the probate court or county court where the decedent resided when they died.
Who is not qualified to serve as an executor in Texas?
Texas law provides that a person is not qualified to serve as an executor or administrator if the person is: (5) a person whom the court finds unsuitable. The term “unsuitable” is not defined in the Texas Probate Code, leaving the implication that the trial court has discretion in making that determination.