Hi, My sister and I inherited mineral rights in Kern County, California, no land, 100% (50% each) when our father and uncle passed. We have been receiving royalties on some of the mineral rights. My sister passed away a year ago in state of Nevada, I am the only heir but the mineral rights were not mentioned in her will, only a vauge sentence saying all Kern County properties would go to me. She lived in Nevada so the estate was probated in State of Nevada. They would not probate any California property. I am trying to figure out if I need a probate attorney in California to probate the mineral rights or can I get them transferred to me without an attorney. Any suggestions would be appreciated. Thank you.
Dear Patty Crawford:
Thank you for contacting me. I am sorry for your loss.
The short answer is yes, you will need to probate your sister’s estate here in California to handle title to real property located here. This is called an ancillary probate since the Nevada one has been opened.
Depending upon the value of the mineral rights, a shorten probate process may be available. The mineral rights need not be explicitly discussed in the will. The general reference to all Kern County property to be willed to you is sufficient.
I can be reached via direct email at Jean@pledger.law or via phone at 661.323.9000. Please feel free to contact me to discuss the process.
Thank you. I have sent you an email.
Patty Crawford
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