Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
Owning mineral rights in Texas can provide long-term financial value for you and your family. Whether you inherited these rights decades ago, purchased land with mineral interests, or receive royalty payments from an oil and gas lease, they are an important part of your estate. Unfortunately, many people spend years managing these assets but never include them in their estate plan.
Without clear instructions, your loved ones may face delays, added expenses, or disagreements about ownership after your death. Working with an estate planning attorney San Antonio residents rely on can help ensure your mineral rights are transferred according to your wishes while making the process easier for those you leave behind.
Mineral rights give a person the legal right to own or benefit from the minerals beneath the surface of a property. In Texas, these rights can be separated from the ownership of the land itself. This means you may own the surface of a property without owning the minerals below it, or you may own mineral rights without owning the land above them.
Mineral rights may produce income through:
Some mineral rights generate income today, while others may not produce value until years later. Even if they are not currently producing royalties, they may still have significant value and should be included in your estate plan.
If you die without a will or other estate planning tools, Texas law determines who inherits your property, including your mineral interests. Exactly who inherits depends on your family circumstances and whether the mineral rights are considered separate or community property.
When there is no estate plan, ownership may pass to several family members. While that may seem straightforward, it can create practical challenges over time. Understanding what happens when there's no will is one of the most important reasons to put a plan in place now.
For example, multiple heirs may become co-owners of the same mineral interests. Future leasing decisions, royalty payments, and recordkeeping can become more complicated when ownership is divided among several people. Probate may also delay the transfer of ownership before heirs can fully manage or receive income from the property.
One issue many Texas families do not anticipate is fractional ownership.
Each time mineral rights pass to multiple heirs, ownership can become divided into smaller percentages. After several generations, dozens of family members may each own a small share of the same mineral interest.
This type of ownership is common in Texas and can make administration more difficult. Family members may need to coordinate on leasing decisions, maintain accurate ownership records, and ensure royalty payments are distributed correctly.
Thoughtful estate planning cannot eliminate every future challenge, but it can provide clearer instructions and help preserve your family's goals for these valuable assets.
A properly prepared will can identify who should inherit your mineral rights along with your other assets.
However, assets transferred through a will typically pass through the Texas probate process. Probate is the court process used to settle an estate after someone dies. Although Texas probate is often more efficient than in many states, it still takes time and involves legal procedures before ownership can officially transfer.
If your estate includes mineral interests, your will should clearly describe these assets and work together with the rest of your estate plan.
For many families, a revocable living trust may simplify the transfer of mineral rights after death. Because a trust can help your estate skip the court process, many people explore avoiding probate with a trust as part of a complete plan.
When mineral interests have been properly transferred into a trust during your lifetime, they can often be administered according to the trust without going through probate. Whether probate can be avoided depends on how your assets are titled and your individual circumstances.
Depending on your situation, a trust may provide benefits such as:
A trust is not the right solution for every family. The appropriate estate planning strategy depends on your assets, family relationships, and long-term objectives.
Even the best estate plan works better when your records are organized.
Many families inherit mineral interests that have been passed down through several generations. Important documents are often stored in different locations, making it difficult for loved ones to determine exactly what is owned.
Consider keeping copies of:
Organized records can save your family considerable time and reduce unnecessary stress during estate administration.
Estate planning is not something you complete once and never revisit. Your plan should evolve as your life changes.
You may want to review your estate plan if:
Regular reviews help ensure your estate plan continues to reflect your wishes and properly addresses all of your valuable assets.
Mineral rights often represent more than a financial asset—they can be part of a family's legacy for generations. Taking the time to include these interests in a comprehensive estate plan can reduce confusion, simplify administration, and help ensure your wishes are carried out according to Texas law.
At McCammon Law, P.C., we help individuals, families, and business owners create personalized estate plans that reflect their unique assets and goals. If you own mineral rights or have questions about protecting your legacy, it may be helpful to discuss your options with an experienced estate planning attorney your San Antonio family can count on for thoughtful guidance. Get a free consultation to learn more.
References: Kiplinger (Jan. 3, 2026) “What Is a Good Inheritance? Six Great Assets to Inherit”
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
Office Hours
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