My mother had a specified interest in the mineral rights on a parcel of land in Hot Springs County, WY, which is currently under lease and drilling is about to start. She recently passed away and her Will states that her estate should be divided equally between her children. I am the executor of her will. What is the best way to legally transfer these mineral rights?
Usually through probating the estate. The state grants you the status as the executor of the estate based on the language of the will. It is either done during the probate process when approved by the court, or at the closing of the process. Under Wyoming law the executor cannot even sign a lease without court approval.
Thanks Rick - that is helpful. Since I live in Colorado, I am not familiar with Wy law. My mother essentially had no assets at the time of death except this mineral deed. So I was wondering if I had to go throught the whole probate process.