The Eagle Ford Shale runs through South Texas counties including Karnes, La Salle, Webb, Dimmit, McMullen, Gonzales, DeWitt, Atascosa, Frio, Live Oak and Wilson. Many of the minerals under that trend belong to families whose interests passed through several generations without probate, and when operators drilled and pooled large units, those unresolved interests went into suspense. Heirs, wherever they now live, can usually recover them by identifying the interest, establishing each link in the chain of inheritance and recording the right instruments in the county.
What families should know
During the shale boom the Eagle Ford turned quiet ranch country into one of the most active oil and gas regions in the United States. For families with roots in Karnes City, Kenedy, Cotulla, Carrizo Springs, Tilden or Pleasanton, whether they still live nearby or have moved to San Antonio, Houston, Austin or out of state, it also turned old family minerals into royalties.
The title problems are characteristic of the region. Ranches were divided among many children; minerals were reserved when land was sold and then forgotten; owners died without wills, or with wills never probated; and family members now live across the United States and in Mexico. When operators assembled pooled units, every owner in every tract had to be identified. Interests that could not be confirmed were placed in suspense, and some of those funds have since been delivered to the Comptroller as unclaimed property.
Families who still have relatives near the land have an advantage, because those relatives often know the family history and can serve as affiants. Heirs who have moved away can handle nearly all of the work by phone, mail and video.
The legal detail
Pooled units and allocation
Eagle Ford wells are typically drilled on pooled units that combine several tracts. If the governing leases authorize pooling, royalty on unit production is ordinarily allocated to each tract in proportion to its share of the unit, so a family may receive royalties from a well that is not located on its land at all. The decimal on a division order reflects that tract allocation, and checking it requires the unit designation, the lease royalty and the family's fractional ownership.
Suspense, interest and unclaimed property
Operators may withhold payment without interest while a title requirement concerning an owner's title, identity or whereabouts remains unsatisfied after a reasonable request for curative information (Tex. Nat. Res. Code § 91.402(b)). When funds remain unclaimed long enough, the holder must report and deliver them to the Comptroller under the Property Code, and the payor's obligation to pay interest ends on delivery (§ 91.403(c)). Older proceeds should be searched on ClaimItTexas.gov as well as with the operator.
Establishing a multi-generation chain
Each death in the chain must be addressed separately and in order. Where there was no will, the heirs are determined under the descent and distribution law in effect at that death; where there was a will, it generally must be probated. Recorded affidavits of heirship become prima facie evidence of the facts stated after five years of record (Tex. Est. Code § 203.001), and a judicial determination of heirship is available when an operator or title insurer requires a judgment or an heir cannot be located.
Check whether an Eagle Ford tract was part of a pooled unit. Royalties may come from a well that isn't on your family's land at all.
Heirs in Mexico
Alienage does not disqualify an heir (Tex. Est. Code § 201.060). Birth, marriage and death records from the Mexican civil registry are commonly required to prove the family history; they should be obtained as certified copies, apostilled, and translated, because operators and title examiners will not rely on informal copies.
| County | Where to look |
|---|---|
| Karnes | Some of the most productive acreage in the trend; appraisal district publishes mineral rolls |
| La Salle, McMullen, Live Oak | Heavy oil-window development |
| Webb, Dimmit | Gas and condensate production near Laredo and Carrizo Springs |
| Gonzales, DeWitt, Atascosa, Frio, Wilson | Extensive development across the trend |
Steps for families
Search the county appraisal district mineral roll for the relative's name.
Search ClaimItTexas.gov for proceeds already delivered to the State.
Search the county deed records for reservations, conveyances and any existing heirship or probate instruments.
Identify the operator through check stubs, the appraisal roll or Railroad Commission data, and request the title requirement affecting the interest.
Prepare and record the probate or heirship instruments for each link in the chain.
Deliver recorded copies to the operator and sign new division orders.
Frequently asked questions
Is the Eagle Ford still producing?
Yes. Production continues across the trend from existing wells and ongoing development, and many tracts are held by production under leases signed during the boom.
How do I know whether family land is in the Eagle Ford?
Identify the county and tract, then use the Railroad Commission's public GIS viewer to locate wells and units on or near it. The appraisal district mineral roll for that county will show whether an interest is producing.
Can heirs living in Mexico claim Texas royalties?
Yes. A person is not disqualified from inheriting because he or she, or an ancestor through whom the claim runs, is or was an alien (Tex. Est. Code § 201.060). Mexican civil registry records ordinarily need certified translations and an apostille.
What if several generations died without probate?
Each death must be addressed in sequence, by affidavit of heirship, probate of a will or a judicial determination of heirship, and the instruments recorded in the county where the minerals lie.
Think your family may be owed royalties?
We help Texas families find, prove and claim oil and gas royalties held by operators or the State. There is no cost to ask.
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About the author
Todd Worrich is a San Antonio native and Texas attorney. He earned his undergraduate degree from Texas A&M University, his law degree from St. Mary’s University School of Law and an LL.M. in Taxation from SMU Dedman School of Law, and he has been recognized multiple times by Texas Super Lawyers. His practice focuses on estate planning, probate and helping Texas families recover oil and gas royalties. More about Todd
This article is general information about Texas law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change, and results depend on the facts of each matter. Attorney responsible for this content: Todd Worrich, San Antonio, Texas.
