Thanks to all who have responded to my previous posts.
The situation is in Weld county, CO, OGM rights were purchased by my grandfather, passed along to my father, his only child. I've learned a DDOTO or DOTO is done "just" prior to drilling because its cost. We have a 5 year lease based on a Landman opinion since it was a somewhat easy search. My grandfathers estate was probated in IL and contains 150+ pages.
Would it be advisable to file certified, probated estate documents with the county or wait due to the recording costs, and because if I understand CO law, the estate may have to be opened in CO, and probated again thus duplicating recording costs.
Thank You, once again. John
Mineral interests owned in a sole individual's name must be probated in Colorado. There are varying types of probates in Colorado, and it is possible that you may be able to take advantage of some abbreviated probate court processes under the correct circumstances. I would avoid recording documents in the county as such recording may actually cloud the title in certain instances.
The information in this article is for general information purposes only. This article should not be substituted for legal advice and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or reading this article does not constitute, an attorney-client relationship. You are encouraged to contact an attorney for legal advice concerning the information provided in this article.
Thank you Jenna.
What could possibly determine "correct circumstances" ?
Best Regards, John
The appropriate Colorado probate procedure depends on (a) how long ago the person died, (b) whether a probate was opened or is open in another state, (c) whether there was a previous probate proceeding in Colorado, and (d) whether there was a Will including whether it was admitted to probate. The abbreviated processes are more likely to be available if (1) there is or was a probate open in another state, and/or (2) death occurred more than one year ago.
The information in this article is for general information purposes only. This article should not be substituted for legal advice and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or reading this article does not constitute, an attorney-client relationship. You are encouraged to contact an attorney for legal advice concerning the information provided in this article.
Jenna,
You get a big Thank You and possibly made my day. I may have luck with the abbreviated process, there was a probate opened & closed, in IL in '82, then a will filed and closed in "86, both were grandparents. If I may ask another question regarding probate documents, I've got 150+ pages consisting of inventory of assets, real estate appraisals etc. Then I have the discharge order, cancelation of the bond for the executors from the court IRS estate return, this is about 30 pages. Which may be needed in CO for probate?
At the very least I learned something and got a grasp of how to go forward.
Thanks!! John