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Oil/Gas/Probate of Mineral Rights in North Dakota

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Question
Do inherited mineral rights need to go through the probate process and if so can one do this themselves?

Answer
Bonnie,

The answer depends on how the interests were held.  If a joint tenancy, life estate and remainder, or trust was used, then they may avoid probate.  If no estate planning was done to avoid probate, then you may not have to probate them, still, because many states and oil companies will recognize an affidavit of heirship.  I don't know about the law of your state without researching it, nor which oil company you are dealing with.  

I always say if you are wondering whether you need an attorney, then you should probably hire two.  

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Mark Bonner

Expertise

Interests include oil and gas leases, mineral deeds, royalty payments, interest on late royalty payments, post-production costs.

Experience

I have been an attorney for over 20 years.

Organizations
Norman & Edem, PLLC 127 N.W. 10th St. Oklahoma City, OK 73103 405-272-0200 (Tel.)

Publications
Oklahoma Bar Journal; Oklahoma Association for Justice Advocate

Education/Credentials
Highest Honors, OU College of Law, 1992 Earl Sneed Award for Oil & Gas

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