Loving County, with its county seat in Mentone, is one of the major oil and gas counties in the Permian Basin (Delaware Basin). In the Railroad Commission's preliminary monthly reports for December 2025 and March 2026, Loving County ranked 4th in crude oil and 5th or 6th in natural gas among all Texas counties. When a mineral owner dies, operators commonly suspend royalties until the heirs prove ownership with documents recorded in the Loving County deed records. Families can usually recover suspended funds, and any money already sent to the Texas Comptroller, by establishing heirship and satisfying the operator's title requirements.
What families should know
Loving County is the least populous county in the continental United States, yet it ranks among Texas's top oil and gas producers from the Delaware Basin. Nearly every mineral owner lives somewhere else, which is exactly the situation in which royalties go unclaimed after a death.
Royalties typically stop shortly after an owner's death, because operators will not pay a deceased owner's account until someone proves who now owns the interest. If no one does, the funds remain in suspense, and after long enough the operator must report and deliver them to the Texas Comptroller as unclaimed property. In either case the money still belongs to the owner's heirs or devisees.
The work is the same whether the family still lives near Mentone or has scattered across the country: identify the interest, establish each link in the chain of inheritance, record the right instruments in Loving County, and deliver them to the operator.
The legal detail
Development in Loving County
Delaware Basin development relies on long horizontal wells that frequently cross tract lines and produce substantial gas along with oil. Royalty on those wells is allocated among tracts under the leases' pooling provisions or other arrangements, so a family's decimal depends on its tract's share of the unit, the lease royalty and its fractional ownership.
Where title is proved
Ownership of minerals in Loving County is proved in the Loving County deed records, kept by the county clerk in Mentone. A probate generally takes place in the county where the decedent lived, so a family whose relative died in Houston or out of state will probate there and then record certified copies of the will and order in Loving County. When there is no will, a recorded affidavit of heirship is evidence of the family history, and after five years of record it is prima facie evidence of the facts stated (Tex. Est. Code § 203.001). When an operator or title insurer requires a court order, a determination of heirship under Chapter 202 produces a binding judgment that can be recorded in Loving County.
Suspended funds and the Comptroller
An operator may withhold royalties without interest while a title requirement concerning the owner's identity or title is unsatisfied after a reasonable request for curative information (Tex. Nat. Res. Code § 91.402(b)). Funds unclaimed for more than three years are generally presumed abandoned and delivered to the Comptroller (Tex. Prop. Code § 72.101), where heirs may claim them with proof of their right (§ 74.501).
Permian units can include thousands of acres. Even a small fraction of a tract can earn meaningful royalties from a single horizontal well.
| Loving County | |
|---|---|
| County seat | Mentone |
| Region | Permian Basin (Delaware Basin) |
| Recent statewide rank (RRC preliminary, Dec. 2025 and Mar. 2026) | 4th in crude oil; 5th or 6th in natural gas |
| Where title documents are recorded | Loving County Clerk, deed records |
| Where to look for producing interests | Loving County appraisal district mineral roll; Railroad Commission production data |
| Where to look for State-held funds | ClaimItTexas.gov |
Steps for Loving County heirs
Gather check stubs, Forms 1099, division orders and tax statements naming the relative.
Search the Loving County deed records and the appraisal district's mineral roll.
Identify the operator from Railroad Commission data and request the title requirement affecting the interest.
Search ClaimItTexas.gov for funds already delivered to the State.
Prepare and record the probate or heirship instruments for each death in the chain in Loving County.
Deliver recorded copies to the operator and sign new division orders.
Frequently asked questions
How do I find out whether my family owns minerals in Loving County?
Search the Loving County deed records (kept by the county clerk in Mentone) for conveyances and reservations in your relatives' names, check the appraisal district's mineral roll for producing interests, use the Railroad Commission's public GIS viewer to locate wells and operators, and search ClaimItTexas.gov for proceeds already sent to the State.
Do we have to probate the estate in Loving County?
Not necessarily. A will is generally probated in the county where the decedent lived, which may be elsewhere in Texas or out of state. What matters in Loving County is that the probate order, muniment of title, affidavit of heirship or heirship judgment is recorded in the Loving County deed records, where operators and title examiners will look for it.
Why is the operator holding our royalties?
Texas law allows a payor to withhold proceeds without interest while a title requirement concerning the owner's identity or title remains unsatisfied after a reasonable request for curative information (Tex. Nat. Res. Code § 91.402(b)). Recording the right instruments and signing new division orders usually releases the funds.
Can we handle this without traveling to Mentone?
Usually. Records can be searched and instruments recorded remotely, and heirs can sign affidavits and division orders before a notary wherever they live.
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.
Schedule a Free ConsultationLaw Office of Todd Worrich · 1045 Cheever, Suite 208, San Antonio, Texas 78217
Keep reading
Official sources
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.
