Does putting mineral rights in an LLC avoid probate?
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Probably. It has to be done correctly. Now, the units have to be owned by someone. On some occasions, a probate may be necessary to have a probate to distribute the units/shares to the next generation.
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Trusts also avoid probate. Many states offer transfer on death which may be attractive in some situations. If the minerals are already in a LLC, the interest in the LLC can be transferred to the trust to avoid probate.
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You can establish a Living Trust that can be an LLC. If it is set up right in Texas and the United States you can avoid probate!. I would recommend a law firm and attorney that specialize in this. Also if you live in a small town or County I would recommend you get a firm that does not know anyone in your immediate local area.
A revocable trust may own an interest in an LLC but it cannot be an LLC. The LLC interest needs to be transferred to such trust by the owner before the owner’s death to avoid probate.
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