Whose Consent Is Required to Lease Inherited Mineral Rights in Texas?

Leasing inherited mineral rights in Texas can be complex, as ownership is often divided among multiple heirs. Before signing an oil and gas lease, it is crucial to determine who has the legal authority to grant consent.

In Texas, mineral rights can be inherited through a will, intestate succession (when there is no will), or by other legal transfers. If mineral rights are left to multiple heirs, each individual owner must consent to lease their respective share. In cases where one heir wishes to lease but others do not, only their portion of the interest can be leased unless a legal agreement is reached among all parties.

If the mineral rights are held in a trust, the trustee generally has the authority to negotiate and execute leases on behalf of the beneficiaries. Similarly, if the rights are part of an estate that has not yet been fully distributed, the executor or administrator may have leasing authority, subject to court approval.

When mineral rights are owned by a legal entity such as an LLC or partnership, the entity’s governing documents will dictate who has the authority to approve leases.

To avoid disputes and ensure a smooth leasing process, heirs should consult an experienced mineral rights attorney to clarify ownership and secure necessary consents before proceeding.