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If the deceased left a will, then the mineral rights will be divided per the instructions in the will. If it doesnt specifically state who gets the minerals, it will usually fall under the rest, residue & remainder portion of the will.
If the deceased did not leave a will, it follows Texas intestate law, no matter where the deceased died. Type Texas Intestate Law into a Yahoo or Google search and you should be able to find articles. For intestate, it all depends on whether it was separate or community & whether the deceased is married or not. There are a lot of scenarios for intestate law.
To answer your question, no it is not necessarily divided evenly.
Adding to what JHH and Adam said, as I understand your situation from your other posts on GHS, it does not sound like there is a will in your family's title history. Most likely, intestate law will apply and your attorney will have to trace the fractions owned by all of the heirs through time based on that law. It can be very complicated.
The History of GoHaynesvilleShale.com
GoHaynesvilleShale.com (GHS) was launched in 2008 during a pivotal moment in the energy industry, when the Haynesville Shale formation—a massive natural gas reserve lying beneath parts of northwest Louisiana, east Texas, and southwest Arkansas—was beginning to attract national attention. The website was the brainchild of Keith Mauck, a landowner and entrepreneur who recognized a pressing need: landowners in the region had little access to…
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AboutAs exciting as this is, we know that we have a responsibility to do this thing correctly. After all, we want the farm to remain a place where the family can gather for another 80 years and beyond. This site was born out of these desires. Before we started this site, googling "shale' brought up little information. Certainly nothing that was useful as we negotiated a lease. Read More |
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