If a Texas resident dies intestate, state intestacy law decides who inherits, including any mineral interests, which pass under the same rules as other separate or community property. Because mineral interests are often fractionated across heirs over generations, dying without a will can significantly complicate managing and leasing that interest later.

A will directs who receives your property, including mineral interests, after death and takes effect through probate; a living trust holds assets during your life and can pass them to beneficiaries without probate. For mineral owners managing multiple interests or working with several operators, a trust can simplify ongoing administration.