any experience with the following scenario and how to best handle it. My mother who passed away a few years ago had several mineral rights. Upon her and later my dad’s passing, I just executed a division order to get the rights assigned to the estate of my dad. we are now ready to close the estate and I am trying to figure out the best way to ensure that the oil checks can be evenly split between me and my brother (without me having to manage it) but would prefer to avoid another division order (ie split the rights between my brother and me). Anyone dealt with this?
Not an attorney, but you really want that title to be clear. Your mom’s estate needs to be settled and then your dad’s and the title passed to you and your brother and any other heirs. The documents must be filed in the county for each set of minerals. Then each of the brother’s needs to contact the operating company and abide by their requirements. There have been quite a few posts along these lines on the forum. Look up Richard Winblad in the search engine.
When you say close the estate, does that mean your Dad’s estate is being probated? If not, your Father and possibly your Mother’s estate will need to be probated. Once that is complete the Final Decrees will be filed in the county the minerals are located.That will be public notice that you and your bother now own the minerals.You may also need to give a copy to the oil company. They will do separate division orders for you and your brother.
Keep in mind that minerals are considered real property rights. If the probate case is in a state other than where the minerals are located, then you will need to follow that state’s probate procedure. This is usually simple once the home state probate is completed. Once the order is filed in the county where the minerals are located send the paying companies tax information on IRS form W-9. If the minerals are in Oklahoma no division order is required.
In our case, several years ago, we had to probate in OK because our parents estate did not need to go through probate in CA since there was a family trust. We filed Affidavit of Heirship with the oil companies plus the W-9.
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