My Mom recently pasted away and I was appointed Executor in her will.
In addition to her properties in her home state, she owned leases in multiple counties in multiple states.
Do I need to file her will in each of those counties/states in order to execute her wishes to distribute her assets to her family?
I hope someone can give you a better answer, I feel you may be very busy, from what I have seen, you need to file in each state and country. Dean Woodsend
First, my condolences on your loss. If there are any properties in California you will have to probate the will here. I believe that all states will require this as each state controls the property within the state. It is my understanding that you can probate the will in the state in which she was domiciled upon her death. Ancillary probates will need to be conducted within the states in which she had real property. Each state is different, however. I suggest contacting a good probate lawyer in her state as they should be able to help with the ancillary probates in the other states.
Don,
I'm sorry for your loss.
This varies so much from state to state. Even to the extent of the will being acceptable for use in that particular state. Some states will accept a foreign probate. However most other states will require some action within that State to probate the estate.
Looking at the list of state you have listed as owning mineral rights in leads me to believe you are going to find every conceivable mixture. Also you are going to run into issues entering a lease in some of these states without approval of the courts. So it needs to be a priority to get the ball rolling.
Yes, you will have to file some paperwork in each county (most states) as the land records need to be updated.
I STRONGLY suggest you acquire the services of an attorney with extensive probate, title, and oil and gas experience. This person should have knowledge of the majority of the states in which you have properties and have a relationship with attorneys Mistakes made here can haunt you for a very long time.
Be prepared to spend some money consulting with a few attorneys prior to making a selection. Protect those original documents!
If you want to send me a message (you'll have to send a friend request first) I'll send you some info that might help you get a better understanding of it. I can also recommend an attorney to consult with. You can decide if he is a fit for you and your situation.
I would tend to agree with what Rick had to say, though will add that companies in some states (Oklahoma being one) will probably go ahead and lease the heirs as long as you provide them a copy of the will, death certificate, and sign an affidavit they prepare, even if the estate has not been probated in Oklahoma yet.
To Rick's point though, you WILL eventually need to get a probate done IN most of the states involved (definitely in Oklahoma) in order for the heirs to have "marketable title" to any mineral rights your mother owned.
Though a company may decide to go ahead and LEASE the rights you inherited prior to probating your mother's estate, they will likely hold any future royalty payments that may result from that lease in a "suspense" account until it is judicially determined who the rightful heirs are (i.e. until a probate is done, giving them marketable title to the mineral rights.)
Hope this helps you out.
Frederick M. "Mick" Scott
The Mineral Hub
I am an attorney in The Woodlands, Texas, and my practice includes estate planning, probate, and oil and gas law. For Texas properties (I did not see any states listed), you would need to initiate an ancillary probate in each county in Texas where there is real property, including mineral or royalty interests. My website address is www.rcjlawfirm.com; my contact info is there, if you would like to discuss.
Can you still have an ancillary probate in a state when it has been 30 to 40 years after the death of a owner.
If a new deed has been recorded in the state which has incorporated the affidavit of Heirship and a copy of the will, is it still necessary to have judicial determination? Isn't judicial determination typically waived in this situation?
Yes