My mother passed away several years ago. She had mineral rights which I leased after her death. There was never any production, and the lease is up. I've been looking at other leasing and selling options. It was recently brought to my attention that the deed to the mineral rights is still in my mother's name, and that I wouldn't be able to sell the rights or collect royalty checks from leasing the rights if it went into production until that is cleared up.
What do I need to do to get the deed in my name so I have full legal authority to do with the rights as I would like? Do I need to hire an attorney for all this? Or is this something I could do on my own?
You have a couple of options, depending on the state that the minerals are located. I practice in Oklahoma and can speak to that state only. You will need a probate to change the title of the mineral interest from your mother's name to your name. You do not have to go straight to the probate, though. You can file an Affidavit of Heirship against the minerals and wait until there is a need to have the probate, such as production from a well. However, if you are interested in selling your interest, many reputable royalty companies will take care of the curative as a part of the purchase. I suggest that you contact an attorney for either option, the Affidavit or probate. If the Affidavit is done correctly it can pass title after being recorded for 10 years.
Best of luck,
Chase
Chase,
The minerals are located in Oklahoma. My mother passed away in Nebraska and I live in Oregon. Thanks for the information.
No, I have a brother, so her mineral rights have been split between the 2 of us, 50-50.
Hi Jerry -
If your Mother left a Will you will probably need to have it probated. That might need to be done wherever her last place of residence was.
If she did not leave a Will, then an Affidavit of Heirship should do.
Either way, certified copies of the Probate Papers or Affidavit will need to be filed with the County Clerks' Records anywhere she owned real property before title will be vested into you and your brother.
I'd suggest you follow up with Chase Ritter and see what he has to allow on the subject. Sounded to me like he could handle it.
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas