Mother … I have Heirship paper from her mother to her and siblings … mother has deceased (I have will & death Certificate … what paper do I need to complete clear ownership… it is so important to keep paper work up to date. I would like to file paper work without a lawyer is this possible?
It is possible to do without a lawyer. If there is a will, a certified copy will need to be obtained from the County clerk in the county in which the will is probated. Then the certified copy, along with letters testamentary and the authorization making you executor will need to be filed in the Counties in which the properties are located. Then you need to file, as executor, a conveyance describing the properties from the Estate to the inheritor(s). Get the certified copy receipts from the various Counties, and the properties have been transferred very legally.
James … Thank you I appreciate your help.
I now have the certified copy of Virginia Scott probated will … she appt Tammy Scott (our Daughter) & Randy Scott (Gary, son … Gary is Louis deceased brother … only two children of Virginia) … so the letter of testamentary & authorization making my husband, Louis, exercutor so then he can file the conveyance of said property to himself as inheritor … just trying to make sure you knew Virginia had appt Tammy & Randy as executors of her will. Am I on the right track? I so appreciate your help. DeeAnn Scott
what state are the minerals in? In Oklahoma, and some other states, you will, in all likelihood, have to get a probate done in Oklahoma to get clear title (unless the oil company gives you a break).
The minerals right I speak of are in Park County, Montana ... they are not listed in her Life Estate as are the Big Horn, Montana & Sheridan, Wyoming ... wonder if I can do a petition for determination of heirship as Virginia did when her husband Floyd deceased ... stating no personal representative of the decedent Virginia has been appointed in Montana, etc. ... then file this in Park County, Montana. I do plan to get a clear title to the property (I have a recorded copy of original warranty deed) I appreciate all comments.
Thank you Tim Dowd for your reply
I want to thank everyone who has furnished me with help .... I do have the completed documents I need ... now I will have recorded ... what an adventure! My husband and I will get this included in our will (remember folks the mineral rights are real property & should be handled as such). From Idaho I thank each of you. DeeAnn