I own Mineral Rights in Oklahoma, how do I get my Beneficiaries listed on those Rights?
Welcome Neuer. You bequeath mineral rights in your will, just as you would any “property”. You’ll want to include the legal description of the land those rights pertain to. Also, others can correct me if I’m wrong, you’ll want to tell whomever you decide to name as your executor to file a copy of your will after your death in the county where the rights are. Diane
I think we would want to know more information. a) do you want to add her as a co-owner? If so, you would need to deed all or part. b) do you want her to receive these at your death? A transfer on death deed could take care of this.
When one uses the term beneficiary, it, typically, refers to a beneficiary under a trust.
You should consult with an estate planning attorney with a strong tax background who can tell you what options exist after you have told him or her your objectives.
There are a couple ways to do this: It sounds as though you want your daughter to receive the property without the need for probate. There is not a “beneficary” provision per se, however there are ways for her to receive the rights without the need for probate:
- Transfer on death deed Click Here; or
- If you have a trust, you can make this a specific gift in your trust. However, you must actually deed the minerals to the trustee and record the deed in the county where the minerals are located; or
- If you don’t have a trust, you could establish a simple land trust for this property.
There may be some additional considerations if your daughter is a minor, on disability or has special needs.
Close, a probated Will can transfer property. Simply filing a will with the county records will not transfer property. A probate case would have to be filed, notices, etc. Once a final order is entered then the property is transferred.
Depending on your specific situation and preferences, a transfer on death deed is often a good option.
In Oklahoma, an owner of real property can execute and record a TOD deed that identifies beneficiaries who will receive the property upon his or her death, without probate. The owners control over the property is not affected and a person designated as a TOD beneficiary has no interest in the real property until the death of the owner. The designation may be revoked or changed at any time and the beneficiary takes only the interest held on the date of death, subject to all encumbrances, reservations, and exceptions.
A word of warning: the transfer at death is not automatic. To obtain title to the property, the beneficiary must file an affidavit of record that affirms numerous facts and includes a copy of the grantor’s death certificate within 9 months of the grantor’s death. If the beneficiary fails to do so, the property reverts to the deceased grantor’s estate. If you execute a TOD deed, make sure your heirs know about the 9 month window.
For more specifics on TOD deeds in Oklahoma, you can check out the relevant statute here (be sure to read Sections 1253-1255, not just Section 1252): https://www.oscn.net/applications/oscn/deliverdocument.asp?lookup=Next&listorder=46000&dbCode=STOKST58&year=
Great point Matt, it is a good idea to provide the information. It is even better to provide a beneficiary claim form with blanks for the date of death, etc.
Ah, Thank you very much, Richard. This was done by an Oklahoma attorney years ago, when I inherited from my mother after her death. I’d forgotten the details.