Several heirs recently inherited mineral rights. Does each individual heir get a mineral deed for their share?
typically, no. In some states, the ownership just happens under a will that has been admitted to probate. In some states, such as Oklahoma, there is a court order that specifies that the interest is now owned by A, B & C. In North Dakota, and some other states, the Personal Representative executes a deed. typically, all the grantees are listed on one deed.
1 Like
Thank you, Tim. That makes sense…just get certified copies. On that mineral deed, are the individual heirs’ percentages included… since there are several heirs, and various percentages exist? Thank you for enlightening my journey to learn.
Tia: Welcome to the community. If this was through probate the order should state what percentage of the decedent’s estate goes to each heir. In Oklahoma that order serves the same purpose as if the personal representative actually created deeds. Other states, where I don’t practice, have different title requirements. When in doubt visit with an attorney in the state where the minerals are located. This can avoid costly errors.
Thank you, Richard, and thank you for your help. It was a very complicated Trust case, and several mediation sessions later, the percentages have been decided among the heirs. Since Tim answered my first question, re: does each heir receive a mineral deed? His answer, of “typically no” helped. so now my question is: On that Mineral Deed transferring the minerals, all heirs names would be listed, however, would it also include the percentage for each individual? Thank you in advance.
If the parties receive different percentage, and without knowing the background, if there is a mineral deed to multiple parties, it may say to: A- 25%; B:25%, C:50%, or whatever.
Thank you very much, Tim. Ok. There are 10 heirs with various percentages,
Sounds like a disputed case. Visit with the attorney who assisted. In a Trust case the trustee typically issues deeds. Your attorney should be able to advise you on whether a single dee
Thank you, Richard. I am not sure if our Trustee has ever had to deal with mineral rights…it almost sounded like he was not sure what to do, hence my joining this forum. I’m trying to learn what steps to take from here. The other heirs are depending on me to lead the way. I guess after we receive the mineral deed, we will have to contact a gas and oil attorney. The mineral rights are located in New Mexico and Colorado.
An oil and gas attorney should be drafting the deed.
I agree. The Court designated the Trustee to draft the mineral deed… Worried. thank you for your input.
I would not wait to possibly fix the deeds after receiving them since the trust would pay the legal tab where all share the cost and benefits. Both CO & NM have very experienced trust/ estate and mineral law attorneys. Waiting can delay possible royalty payments and each of the heirs would be required to pay their individual possible correction costs.
I`m sure viewers can recommend firms that possibly are licensed to practice in both states. If not you can possibly contact the Rocky Mountain Mineral Law Foundation, located in the Denver area, for possible legal contact information.
This topic was automatically closed after 90 days. New replies are no longer allowed.