My father had mineral rights for several parcels of land in Richland County, Montana. He is now deceased but never did anything to pass along his ownership in the mineral rights. What do I have to do as a surviving beneficiary in his property to change ownership of these mineral rights and have them registered in the surviving beneficiaries’ names?
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Hello, if your father’s estate was settled legally and you were the rightful heir, you should file the documents to that effect in the state and county they are located in. Locate the mineral interest and see if there is production in that area. If it is, contact the company that is producing them.
Rusty,
Not an attorney and this is based on Texas. If Montana is different, hopefully someone familiar with those laws will correct me.
In Texas, transferring the mineral interests your father owned would require having his will probated and the executor of his estate then deeding the mineral interest to the beneficiaries named in the will.
If he died without a will, then the Montana law regarding intestate succession would apply. Affidavits of heirship may be required to prove heirship and possibly then probate to legally transfer the interest.
You need to consult an attorney.
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