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We inherited mineral rights! How do we know what we have and how to get them in our name?

Ventura, CA |

We are aware of some in OK but suspect there might be more. How can we find out? Can we just show trusts and death certificates to transfer titles?

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Attorney answers 3

Best Answer

Mineral rights are a specialized area of the law. In a lot of cases I've had with mineral rights, the cost to transfer title properly exceeded the value. I would do some investigating on your own and try and find out exactly what you have before expending a lot of money on attorneys. Hopefully you'll find that the mineral rights are quite valuable.



Do I have to hire a landman to to figure out the worth? And can they do this when its not officially in our name yet?


You may wish to repost this summary, using an OK address, since most OK lawyers are not subscribed to CA matters. That issue aside, in most cases that I have been involved with, some form of probate action is needed in order to transfer the mineral rights. I have used small estate proceedings where the known value is small or uncertain. Your best bet is to contact an OK probate attorney and find out what rules apply. If you need help finding one, Avvo has a "find a lawyer" link at the bottom of this page. You type in "probate lawyer" and the City or County where the property is located, and you will get a number of lawyers to review.

How can you find out if there are other properties that you do not know about? Lawyers have access to databases that might help you. Otherwise, it can be a very daunting task to locate assets, if the decedent's paperwork is not in order.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!



Thank you!


What you have to do to transfer the rights depends on how title is held and the value of the rights. It also depends on how the rest of the estate is titled ( assuming there is something else). You really need to work with a probate / trust attorney. If the decedent died in Ventura County and the trust is a California trust, you need a local attorney first. You may also need an out of state attorney, but it's hard to know without more information. If the assets are in a trust the trustee should be able to direct their transfer with the use of a trustees certification.

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