What Happens to a Mineral, Gas, and Oil Lease When the Lessor Dies?

Full question:

When my husband passed away he named me as sole beneficiary to all of his property. I was told that. Since my name was not on the house (purchased before we married) or on the mineral rights lease, which he signed years after we were married, (and my name is NOT on, he said he was a SINGLE PERSON when he signed the lease and the document has that printed on it that he signed) that the lease became null and void after his death, or even before as it stated he was SINGLE when he was not, and that a new lease will have to be signed by me and that the company who held the mineral rights will have to pay me for those rights. And because we WERE MARRIED at the time the lease was signed and I did not sign it, that they still need a lease with MY name on it. True? He passed on 12/25/2009 and the will has been probated and the house is now in my name. As is all of his other property.The gas company told me the lease MUST remain in his name even if the house is sold to someone else. And that I, and future owners of the property, are only entitled to royalties. That the lease he signed is binding as long as their gas well is in operation.

• Category: Oil Gas and Minerals
• Date: 04/07/2025
• State: Texas

Answer:

The answer will depend on the terms of the contracts and deeds involved, such as the duration of the mineral lease and the effect of the death of the lessor. Such a lease often contains terms that it will transfer to the lessor's heirs and successors. In some cases, the lease will expire on the death of the lessor. We strongly suggest you contact a local attorney who can review all the facts and documents involved to ensure you don't get ripped off.

The mineral estate is a separate interest in land that can be severed from the surface estate. With regard to an oil and gas lease, a contract between mineral owner, otherwise known as the lessor and a company or working interest owner, otherwise known as the lessee in which the lessor grants the lessee the right to explore, drill and produce oil, gas and other minerals for a specified primary term and as long thereafter as oil, gas or other minerals are being produced in paying quantities. This lease gives the lessee a working interest. The oil and gas lease is granted in exchange for royalty payments to the lessor. In some cases, a lease will allow an assignment of those rights. If the surface owner is has no interest in the oil and gas rights, and is not a party to the lease, it will depend on whether the lease states the rights may be assigned or not.