Timing and Estates
Questions Counsel Asks First
How a purchase fits around letters, distribution, multiple heirs, and out-of-state interests.
- Can you quote before letters testamentary have issued?
- Yes. We underwrite from the legal description and public production records, so we can give the personal representative and heirs a written figure while the estate is still pending. Nothing is signed until the person conveying has authority to do so, and we re-confirm the number when the estate is ready to close.
- Do you buy from several heirs at once?
- Yes. We can buy from the estate in a single conveyance by the personal representative, or from the heirs individually after distribution deeds are recorded. Heirs who want to keep their share keep it; we buy only the interests that are offered.
- Can you close before or after distribution?
- Either. Before distribution the personal representative conveys under the authority of the letters (in Texas, an independent executor typically needs no separate court order). After distribution each heir conveys their own recorded share. We will tell you at underwriting which route produces cleaner title for the tract.
- What if an heir is a minor or lacks capacity?
- A guardian or conservator needs court authority to convey real property on that heir's behalf, and we wait for it. We do not ask a guardian to sign around the order.
- The minerals are in a different state from the probate. Does that change anything?
- Usually. Mineral interests pass under the law of the state where they sit, so an out-of-state interest often needs an ancillary proceeding or a state-specific heirship instrument before it can be conveyed. We flag that at underwriting rather than at closing, and our probate kit has a procedure guide for each producing state.
- How is the offer built, and is it an appraisal?
- The offer is underwritten from production history, operator, lease terms, title, and remaining development on the tract. It is a purchase offer, not an appraisal, and it should not be used as a Form 706 value. Engage a credentialed mineral appraiser for that; our resource hub has an engagement-letter template.