Forms and Resources

Looking for Official Documents?

Your claim instructions might tell you we require copies of certain documents. If you don’t have them already, see the below table for more information on where they can be found:

WhatWhere to Look
Probated WillsCounty Clerk (opens in a new tab)
Letters Testamentary/Administration/GuardianshipCounty Clerk (opens in a new tab)
Muniment of TitleCounty Clerk (opens in a new tab)
Previously Filed Affidavit of HeirshipCounty Clerk (opens in a new tab)
Death CertificateCounty Clerk (opens in a new tab) or
Texas Bureau of Vital Statistics (opens in a new tab)
Affidavit of HeirshipView (opens in a new tab)

Mineral Interests and Royalties

The Texas unclaimed property law was passed in 1963. However, because of some conflicting provisions in the law, the state did not begin receiving mineral interests immediately. The statute of limitations applicable to payments made by oil and gas companies was four years, while the statutory dormancy period for reporting unclaimed mineral proceeds was seven years. To ensure that the unclaimed mineral proceeds would be reported to the state for the rightful owner, the Texas Legislature changed the law in 1985, reducing the dormancy period for unclaimed mineral proceeds from seven years to three years. Except for a very rare fraction of cases, no unclaimed mineral proceeds were sent to us before 1986.


How they're sent to us and how to find them:

Mineral and other royalty paying companies are responsible for knowing who they're expected to pay when drilling on the land. By the terms of the established contract (often called a division order), the company calculates what is due to the owner and sends a check. If the check is not cashed, the company will report the funds to us three years later, labeling it by the name of the owner.
You are welcome to search our listings for any name on our site Texas Unclaimed Property Search. Remember that funds can only be located by the name of the owner, and the owner's name is established by the paying mineral company. If funds are not listed here under the name you were hoping to find, it's most likely because the funds were never reported to us at all.


Spanish Land Grants and House Bill 724

HB724 was a bill enacted by the 83rd Legislature to create a commission to study unclaimed land grant mineral proceeds. Its purpose was only to study the problem and write recommendations, so it did not make any actual changes. The commission was appointed on December 31, 2013 and abolished on June 1, 2015. Before it ended, the commission provided a final report to the governor, the lieutenant governor, and speaker of the House of Representatives. As a result of the report's recommendations, future unclaimed mineral proceeds will be reported with both well and lease information in addition to payee name. This will only begin in the reporting year 2016, and will not be applied retroactively.


Searching for Mineral Royalties Outside Texas Unclaimed Property

If mineral proceeds funds have not been sent to us, Texas Unclaimed Property has no jurisdiction and will not be able to assist you in your search. There may, however, be some other resources that can help you. The tax assessor of the relevant county will often have records of tax payments made on royalties within their boundaries, and may be able to provide some information to you.
If you know the specific lease number, you can call the Texas Railroad Commission at 1-877-228-5740 for a query on what companies have been extracting mineral proceeds.
If you are able to determine what company has been drilling on the land, you'll want to contact that company directly. It will be between you and them to determine if they owe you mineral royalties. In complex cases of title or ownership, an oil and gas attorney or a landman may be necessary.


Future Royalties

If you located mineral proceeds in our office and were able to claim them successfully, congratulations! We are happy to return your lost property to you, but remember that it's much better that it never come to us at all. Review your claim form for a list of the companies that owed the royalties, and contact them to provide them with your current mailing information. Heirs of deceased royalty owners will need to discuss with the company how funds are to be divided and paid on a future basis.