Fill and Sign the Texas Deed Royalty Form

© 2017 - U.S. Legal Forms, Inc.       TEXAS QUITCLAIM DEED OF MINERAL AND ROYALTY INTERESTS [Trust to Three Individuals] Control Number: TX-038-77 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Texas, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Community Property - a form of joint ownership of property between married individuals. When a married co-owner dies their share goes to their heirs as provided in their will or the laws of intestacy. d. Community Property with the right of survivorship - a form of joint ownership of property between married individuals. When a married co- owner dies their share goes to the surviving spouse. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; community property or community property with the right of survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” “as community property with the right of survivorship ,” “as joint tenants with the right of survivorship ,” III. 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QUITCLAIM DEED OF ROYALTY AND MINERAL INTERESTS [Trust to Three Individuals] Effective Date :       Grantor:       Mailing Address:       (Street Address)       (City, State, Zip Code) 1 st Grantee:       2 nd Grantee:       Mailing Address: Mailing Address:             (Street Address) (Street Address)             (City, State, Zip Code) (City, State, Zip Code) 3 rd Grantee: ______________________________ Mailing Address:       (Street Address)       (City, State, Zip Code) Property Address:       FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is being acknowledged by the undersigned       , whose address is       , as Trustee under the provisions of a trust agreement dated       , 20       , and known as the       Trust, hereinafter Grantor, and said Grantor hereby quitclaims to Grantees,       , Quitclaim Deed Page 1 of 3       and       , as joint tenants with the right of survivorship , all of the right, title and interest of Grantor in and to the oil, gas, and other minerals in, on, and under, and that may be produced from, the following lands in       , County, Texas, to-wit: See Exhibit A attached hereto and incorporated for all purposes.       Prior Instrument Reference: Document No.       / Book       , Page       To Have and To Hold unto Grantees, Grantee’s heirs, successors and assigns forever, so that neither Grantor nor Grantor's successors, assigns, or legal representatives nor any person or persons claiming under Grantor shall at any time hereafter have, claim, or demand any right or title to the Property or any part thereof, subject only to the following permitted exceptions ("Permitted Exceptions"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. All unpaid taxes and assessments for the year       and all subsequent years. 2. All liens, encumbrances, easements, reservations, restrictions, covenants, easements, zoning ordinances, matters of survey and conditions of record in the County Clerk Official Records of       County, Texas, affecting the Property. 3.       IN WITNESS WHEREOF , the Grantor, acting in his capacity as Trustee of the       Trust, has executed the above instrument on this the       day of       , 20       .       Name of Trust By: Signature       Type or Print Name       Office or Title Quitclaim Deed Page 2 of 3 STATE OF       , COUNTY OF       This instrument was acknowledged before me on       (date) by       as Trustee of the       . Witness my hand and official seal this the       day of       , 20       . Notary Public My commission expires:             Type or Print Name AFTER RECORDING, RETURN TO:                         Quitclaim Deed Page 3 of 3 EXHIBIT A Grantor Trust:       Trustee:       Grantees:                   Street Address of Property:       Legal Description:       Quitclaim Deed Exhibit A