Unknown until today, I found out that my deceased sister had mineral rights to 160 acres in Lincoln County, Co. I have been contacted by an oil company to lease these acres since my sister had no biological children. This is all new to me and I do not know how to handle it. I have 2 older brothers and 6 deceased siblings. The person that called me said the mineral rights were still in probate and that survivor rights would go to any biological children still alive. Does anyone out there have any information that they care to share with me? Where do I start first? Is it my responsibility to contact the probate court? Thanks, Nancy
Nancy,
Happened to look at forum page this afternoon and thought you might appreciate this link to my blog on your exact subject: http://www.mineralrightsforum.com/profiles/blogs/forgotten-mineral-interests.
In most instances in Colorado a probate is required to transfer or update title when a person has passed away. If there is an existing probate in Lincoln County then you would need to contact the court clerk in Hugo to inquire about status (719-743-2455) of that court case. If no probate has been initiated then you or another family member may need to take the steps to transfer the title through the Colorado courts. What process you employ will depend on whether a probate was completed in another state for your sister, whether she had a Will, and exactly how the ownership was titled.
Many oil and gas companies will encourage you to sign without transfering title, but if the warranty clause remains in the oil and gas lease you may encounter problems later on, or when production begins the company may suspend payments at that time.
Hope that is helpful.
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