You are here:

Oil/Gas/Inherited Mineral rights

Advertisement


Question
Mr. Alexander,

My brother and I recently inherited mineral right to land in Coal County, however my mother died with no will.  How do we make sure they mineral rights are on file in Coal County as belonging to us?
Thank you
Angela Wood

Answer
I am not an attorney and it may be advisable to seek the opinion of an attorney familiar with oil and gas or mineral rights and inheritance, etc. In my experience; however, when a person dies with no will - intestate - an affidavit of heirship may be prepared and filed of record in the county where the property is located to transfer record title "on paper".

In order to start getting paid or have anyone take notice of this change though; you need to identify who pays the minerals - be it operator or purchaser - and provide them a copy of the recorded affidavit, and whatever else they may need. Typically they will then review the affidavit and death certificate, etc. and see if the heirship is in accordance with the laws of decent and distribution. They will then issue transfer or amended division orders to the new owner(s) of the mineral interest to verify their decimal, royalty type, address, and social security number so payments can begin. Payment may be contingent upon signing that division order and/or satisfying additional requirements.  

Oil/Gas

All Answers


Answers by Expert:


Ask Experts

Volunteer


Jason J. Alexander

Expertise

I can answer oil and gas division order questions. I am most knowledgeable about as the purchaser side of the oil and condensate production. I can offer suggestions regarding probate and basic transfers of working, override, and royalty interests. DISCLAIMER: I am not a lawyer. I have seem and know what my company for instance accepts pertaining to these matters. Being from the purchasing end (and not the operator side) I do not have much experience with calculations or valuing property or minerals. I do not deal with acquisitions, exploration, or development of leases either.

Experience

I am a Division Order Analyst with a crude oil purchaser. I have worked in the division order and customer relations departments for the past 9 with a first purchaser. My company purchases and transports oil for operators and we make revenue distributions on their behalf. I analyze division order title opinions, prior purchaser pay sheets, probate, and other conveyances related to the set up and modification of pay decks (divisions of interest) in leases (wells) of oil around the county. I have been involved in the set-up of our contract pay leases in conjunction with our marketing and regulatory departments.

Organizations
HADOA: Member, 2013-2014

Education/Credentials
HADOA: March, 2014 Seminar The Land Department: Division Order Analyst Training Course, 2011 & 2007 NADOA 2010 Conference Land Focus: Fundamentals of Leases & Title Ownership, 2006 Northwestern University, BS Communications

Awards and Honors
Eagle Scout Award

©2016 About.com. All rights reserved.