# mineral rights question



## G5Dual (Oct 27, 2006)

Never thought of looking here for advice on transferring mineral rights, but it came up in a search. 

My husbands parents held mineral rights on some property that they sold. In the sale documents it says the rights are retained by them or their estate. They have both passed away now. How would we go about transferring the mineral rights to the heirs? Other than the land contract and warranty deed, there are no documents specific to the mineral rights filed with the register of deeds.

thanks


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## Largemouth (Feb 23, 2011)

There are no separate documents for the mineral rights. The deed to the property will say if they are NOT included with the property. If it says nothing on the property deed, they they are already conveyed. I went nuts trying to transfer mine on a property I bought, only to find out that I already owned them by the fact that there was nothing on the deed. LOL To transfer them, I'm pretty sure you need to do a Quit Claim Deed and refile the property deed after that. It's been a while since I dealt with it, but I think that is accurate.


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## Gredonmill (Feb 3, 2021)

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

If the mineral owner owned non-producing minerals (i.e., there are no active wells and therefore no royalty checks), the transfer is complete when the documents have been recorded with the county and returned to you. Skip to step three.


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## stickman1978 (Sep 15, 2011)

Gredonmill said:


> Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).
> 
> If the mineral owner owned non-producing minerals (i.e., there are no active wells and therefore no royalty checks), the transfer is complete when the documents have been recorded with the county and returned to you. Skip to step three.


Thos one was started in 2011.


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## Lucky Dog (Jul 4, 2004)

I would recommend finding an attorney that specializes in land and mineral rights. 
I used to own mineral rights on a piece of land I owned years ago. I found out that after a curtain period of time (20 years?) If there is no lease activity, the mineral rights default to the current land owner.


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## Martin Looker (Jul 16, 2015)

That's how I got mine. An oil company wanted to lease my rights and I told them I didn't own them. They told me that nothing had been done with them for over 20 years so they were mine by default.


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