We are currently in probate with mineral rights in Phillips County, CO over mineral rights passed down from my husband's grandmother to his father. No other heirs are alive, except my husband. We do not live in Colorado. This has been in probate since February, with a lawyer in Colorado, via our local lawyer. What is the process, and how long can we expect this to take? I found a great article online that was a two part article, but from what I can tell, part 2 never materialized. From some articles that we have read, every family member is probated that has owned these rights, down to us. We are not sure if this is correct or not. Our other question, is, so we have the land coordinates. How do we find out "exactly" where its location is. Is there a website for this. My father-in-law never had a clue where the land was, except for the town of location. When it is all said and done, of course, we would like to see it.
Kurt,
Check the wills sent to the probate attorney for exact location; Section, Township, Range. If it is not on the wills, the probate attorney may have to go the court house and dig into the Grantor, Grantee files for your husband's grandfather or grandmother's legal names and hope to find a land assignment document. If you are dong this as a lease request, demand that the leasing agent provide you with the land takeoff records applicable to his land request. If there is a land abstract company in Phillips, it may also be an inexpensive source of information. If your father in law was born in Phillips County or nearby, his birth certificate may show his parent's legal names.
Land title work is not for the faint of heart.
Posted by "old oak" on 4.07.14:
Did your husband ever have any brothers or sisters (and did any of them ever have children) ? Rights may splinter out thru them as well, depending on any wills or probate laws for CO.
Could go quick ( a few months) or take years (took 3 years for executor in my family to ex the will).
If these are mineral rights only, your best bet for 'seeing' it may be google earth; Current surface owner may want nothing to do with mineral owners if they have any hint that it will lead to surface being disturbed counter to their wishes, etc. would have to contact them for permission for access (oil-co's usually can roll right in).