I am guessing this can't happen, but was asked to find out, for a cousin.
Her story: there was 4 siblings, that each owned a portion of undivided minerals. One of them died last year, and there was no will or probate done. There is currently an active lease which will expire in 2016, with no production or permits to date.
I instructed her that a probate in ND would be necessary to transfer his mineral rights to the surviving 3 siblings. He'd had no spouse or children.
Her other 2 siblings will not agree to paying to probate the minerals, she has the financial ability to probate them; yet, doesn't feel it's fair they'd get an equal share, regardless of who shelled out to pay the probate. There is approximately 45 mineral acres to probate, so it's cost effective to proceed for future leasing or royalty.
The other 2 siblings could financially afford their 1/3 share of probate costs, but it's more of a family feud problem, why they won't.
Is there a way if she pays the full probate, the shares would all be hers? Also, could this be possible if she was able to get them to sign and notarize a form, they're not interested in conducting the probate, thus getting all the deceased siblings mineral acres?
I would appreciate any information on this, or if there is another avenue to process this situation. Thanks
I'm not a ND attorney, so this is not legal advice.
Based on my understanding of ND intestacy, if the decedent's parent or parents are still alive, the parents inheirit his share.
I'm assuming this isn't the case.
Her paying for the probate proceedings would not mean his share would become hers. She would probably need to have the non-paying siblings execute a mineral deed in her favor.
If a well get drilled prior to the lease expiration, his share of the revenues will go into suspense until this matter is resolved. If the matter is not resolved in a reasonable amount of time, the revenues attributable to his interest will escheat to the state.
She does understand that any and all further happenings of the minerals, would forever remain in limbo unless probated.
When you wrote the non-paying siblings execute a mineral deed in her favor, does that mean, that it would typically divide equally among the 3 remaining siblings, and for those minerals to be hers only; they'd have to then deed them to her, such as a quit claim?
Seems unlikely they'd be willing to cough them up, once their name is attached to them, given the feud. That's where she thought if she could get them to sign off, prior to the probate, stating they're not interested, it would then possibly prevent them being placed into their names from the start.
I've suggested to just let it go, take the high road; and pay the full price for the probate, because her third would be 15 mineral acres, and she'd re-coop the expense at some point in time. But I'm not in her shoes to decide.
I'm guessing the ND Lawyers have heard just about every imaginable situation, where mineral acres are in play, and family's are fighting.
It's my understanding that the decedent's share would be split equally, assuming they are all of equal relation (i.e. brothers or sisters to the decedent; not more distantly related).
I'm not aware of any "waiver" that the heirs could sign prior to a decree of heirship.