Does The NDRIN for my mineral rights have to be in my name before I recieve royalties?

My sister is the execator to my Mom's will. She's hired an attorney to put our names on our mineral rights. This has been going on since last spring and nothing has happened yet. Right now the NDRIN record reads Grantor: Estate of (My mom's name), Estate of (friend of my Mom's that left everything to my Mom). I think this had to go through probate twice - not sure on that.

A rig was just set up on our mineral rights with an application to drill two wells. I'm wondering if this is taking too long and should we find someone else to wrap it up?

If the well was just set up you have time, 6 to 9 months probably, before you can be paid. I had a similar situation and a gentle nudge every week to 10 days kept things moving. The recorders offices seem to record things fast but it may take 5 weeks before they get around to sending back stamped , sealed, recorded original documents. Once they are recorded in your name it should be enough to get paid. Stay calm and good luck.

It is my understanding that the company will not pay royalties on production from a well until the mineral owner claiming an interest in the production establishes clear title. Here is a copy and paste from the NDIC FAQ page:

If my royalty check is late, what percent interest are they supposed to pay?

Section 47-16-39.1 of the North Dakota Century Code states in part:

If the operator under an oil and gas lease fails to pay oil or gas royalties to the mineral owner or the mineral owner's assignee within one hundred fifty days after oil or gas produced under the lease is marketed and cancellation of the lease is not sought, the operator shall pay interest on the unpaid royalties at the rate of eighteen percent per annum until paid, except that the commissioner of university and school lands may negotiate a rate to be no less than the prime rate as established by the Bank of North Dakota plus four percent per annum with a maximum of eighteen percent per annum, for unpaid royalties on minerals owned or managed by the board of university and school lands. Provided, that the operator may remit semiannually to a person entitled to royalties the aggregate of six months' monthly royalties where the aggregate amount is less than fifty dollars. The district court for the county in which the oil or gas well is located has jurisdiction over all proceedings brought pursuant to this section. The prevailing party in any proceeding brought pursuant to this section is entitled to recover any court costs and reasonable attorney's fees. This section does not apply when mineral owners or their assignees elect to take their proportionate share of production in kind or in the event of a dispute of title existing that would affect distribution of royalty payments; however, the operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute.

It is possible and even probable that the attorney knows nothing about minerals. I suggest that you use an attorney whose expertise is in oil and gas to assure results.

You must prove that you rightfully own the minerals. It is complicated and requires research by a land man. Is the attorney you hired utilizing a land man?