Ownership Change
When dealing with land and mineral rights, a change in ownership or owner status requires updated title records. Below are some of the most common situations that result in either a change of ownership or change in owner status and the document(s) required to effect the change. Requirements may vary depending on the situation and jurisdiction so please contact us with any questions you may have.
In addressing any ownership change situation, please note the following:
All transferees must provide a current mailing address.
All payees are required to evidence a valid Social Security or tax identification number by IRS Form W9, or federal law requires tax withholding.
All documents related to a change of ownership must be filed of record in the county/parish where the property is located.
Laws of agency preclude us from providing forms for conveying real property interests. However, you may contact an attorney, Legal Aid Society or your local Bar Association for assistance in handling these matters.
All changes must be submitted in writing through email or mail:
Blackbeard Operating, LLC
Attn: Division Order Department
1751 River Run, Suite 405
Fort Worth, Texas 76107
432-242-0050 ext. 215
Situations & Documents
NAME CHANGE - PERSONAL
Marriage – Copy of marriage certificate
Divorce – Copy of divorce decree reinstating maiden name or prior name
Legal Name Change – Court order evidencing name change
NAME CHANGE - COMPANY/CORPORATE, LLC
Merger/Name Change – Certificate of merger and tax ID number
LLC Name Change – Certificate evidencing name change
NAME CHANGE – TRUSTS/PARTNERSHIP CHANGE
Trust or Partnership is Created
- Recorded conveyance of interest to the Trustee and/or Trust or Partnership
- Trust or Partnership Agreement
Change of Trustee – Death
- Recorded Instrument evidencing death of Trustee and appointment of Successor Trustee
- Copy of Trust Agreement
Change of Trustee – Resignation
- Recorded instruments evidencing Trustee resignation and appointment of Successor Trustee
- Copy of Trust Agreement
Change of Trustee – Appointment (Original or Succession)
- Copy of Trust Agreement or recorded Memorandum of Trust
Trust or Partnership is Terminated
- Dissolution of Trust or Partnership
- Conveyance to beneficiary or partners
DEATH OF CO-OWNER
Joint Tenant (with Rights of Survivorship)
- Certified copy of Death Certificate of deceased joint tenant
Tenants by Entirety
- Certified copy of Death Certificate of deceased joint tenant
Life Tenant
- Recorded instrument creating the life estate Names, addresses and tax ID numbers of remaindermen
- Certified copy of Death Certificate of deceased life tenant
Tenant in Common
- Pertinent “Death of Owner” documents described immediately below for deceased tenant in common
DEATH OF OWNER – OWNER DIED WITH A WILL (TESTATE)
Probate proceedings are filed in the state in which the property is located and are currently pending
- Certified copy of Last Will and Testament
- Certified copy of Order Admitting Will to Probate
- Certified copy of Letters Testamentary
Probate proceedings were filed in the state in which property is located and are complete
- Certified copy of Final Decree
- Certificate of Transfer or other documentation evidencing final distribution of property by the Court
Probate proceedings have not been filed
- Certified copy of Death Certificate
- Copy of Last Will and Testament
- Properly executed and recorded Affidavit of Heirship completed by disinterested party
If The Estate Was Probated In A Different State Than Where The Property Is Located:
Texas– Allows Exemplified Copies Of The Foreign Probate To Be Filed In The Texas County Where The Property(S) Are Located To Change Record Title Into The Beneficiary(S)/Heirs.
Oklahoma– Does Not Allow Foreign Probate And Ancillary Probate Filed In The County/State Where The Property(S) Are Located Is Required. Foreign Probate Documents Filed In The County/State Where The Property Is Located Will Not Change Record Title And Cannot Be Accepted.
DEATH OF OWNER – OWNER DIED WITHOUT A WILL (INTESTATE)
Probate proceedings are filed in the state in which the property is located and are currently pending
- Certified copy of Death Certificate
- Certified copy of Administration Proceedings
Probate proceedings were filed in the state in which the property is located and are complete
- Certified copy of Final Decree
- Certificate of Transfer or other documentation evidencing final distribution of property by the Court through laws of descent and distribution
Probate proceedings have not been filed
- Certified copy of Death Certificate
- Properly executed and recorded Affidavit of Heirship completed by a disinterested party
If The Estate Was Probated In A Different State Than Where The Property Is Located:
Texas– Allows Exemplified Copies Of The Foreign Probate To Be Filed In The Texas County Where The Property(S) Are Located To Change Record Title Into The Beneficiary(S)/Heirs.
Oklahoma– Does Not Allow Foreign Probate And Ancillary Probate Filed In The County/State Where The Property(S) Are Located Is Required. Foreign Probate Documents Filed In The County/State Where The Property Is Located Will Not Change Record Title And Cannot Be Accepted.
PURCHASE/SALE OF INTEREST
Purchase of Interest
- Recorded conveyance evidencing acquisition of property
Sale of Interest
- Recorded conveyance evidencing sale of property