My father passed away in 2005, leaving ownership of mineral rights im Mesa County colorado. The company overseeing it changed hands so many times it was confusing to figure out what to do to get it in my brother and I’s name. We live in Missouri and our father also lived in Missouri. Can someone please direct me to what is proper prodedure in getting this resolved. I dont know anything about owning mineral rights or probate. Much appreciated in advance
You should contact a Colorado attorney to do an estate proceeding.
follow-up. A very good one is shown in the mineral services directory above.
Start in Missouri. Your Father’s estate would first have to have been settled in Missouri before you could get anything done in any other State. Don’t sell your mineral rights.
At least in Oklahoma you can probate an estate even if it has not been probated in the decedent’s home state. Check with a Colorado probate attorney. You might save lots of $ and time.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Not true MO. You should stay in your lane. Maybe you should make an offer on those rights even though the poster said nothing about selling.
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In Colorado, probate proceedings for an out-of-state decedent can be initiated without first starting probate proceedings in the foreign state. According to the Colorado Revised Statutes, if the decedent resided or was domiciled in another state, the application or petition for probate may be filed in the Colorado county where the decedent owned property (C.R.P.P. JDF 906)[1], (C.R.P.P. JDF 907)[2]. This indicates that Colorado law allows for the commencement of probate proceedings in Colorado for nonresident decedents who owned property in the state, without requiring prior probate proceedings in the decedent’s home state.
Additionally, in the case of nonresident decedents, personal representatives may be appointed only when there is property of the nonresident decedent located in Colorado (Price v. Sommermeyer, 195 Colo. 285 (1978))[3]. This further supports the ability to initiate probate proceedings in Colorado based on the presence of property within the state, independent of any proceedings in the decedent’s home state.