For purposes of estate probate are mineral rights considered " Real Property " and subject to probate in the State of Nevada? Is there a time limit for probating a will in Nevada? Thanks for any help with this.
Mineral Rights are always real property.
When it is out of the ground, then we are talking about personal property.
Thank you. Short and clear. Good answer.
Dear Mr/Ms Miller,
Actually, you are wrong. In Louisiana, technically the minerals are not owned in place and not real property. What you want to think about is a mineral servitude, in the nature of a profit a prende, a type of exclusive easement to come and remove. This idea is actually very forward thinking. How can you own minerals if you do not know that minerals exist? Hence the exclusive right to come and remove, if there are any.
Go ahead and refer to Title 31 (mineral code) of the Louisiana Revised Civil Statues. The mineral code was written in large part by King MIlling, of MIlling, Woodward and Benson. He was a good friend of our family and a very keen legal mind.
In Nevada, your answer is right on.