# Mineral Rights through inheritance

**URL:** https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387
**Category:** Ownership and Title
**Created:** [April 29, 2024, 11:58pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387 "2024-04-29T23:58:35Z")
**Posts on this page:** 7
**Page:** 1

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### Author: ![jpatul](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/j/439d5e/32.png) [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 29, 2024, 11:58pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/1 "2024-04-29T23:58:35Z")

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My wife and her sister were willed mineral rights on properties in Oklahoma and Arkansas. This may be a dumb question but does each beneficiary get 100% of half the land mineral rights (do they split the property?) or is it joint ownership of 100% of the land?

Sorry, I am a newbie and learning. I am a CPA but new to mineral rights.

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### Author: ![TennisDaze](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/t/dbc845/32.png) [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [April 30, 2024, 2:51am UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/2 "2024-04-30T02:51:50Z")

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This will depend on the language in the will. Generally if the will simply says I give half of my minerals to each of my daughters, then they will each own half of the parent’s mineral interest in the entire tract. As minerals are subdivided over the years, there can be many fractional interest owners in a tract. If the will says something like I give my minerals in the East half of the section to Daughter A and my minerals in the West half of the section to Daughter B, then they would own in separate tracts.

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### Author: ![jpatul](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/j/439d5e/32.png) [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 30, 2024, 11:11am UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/3 "2024-04-30T11:11:47Z")

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Thanks for reply. It is just a general bequest in will - no mention of specific property: “I devise all of my property to sister 1 and sister 2”; thinking about it a bit, from a practical standpoint what if a person leaves mineral rights to say 8 unrelated folks? To have those 8 unrelated folks have a one-eighth stake in the property. Then an operator writes a royalty check - is someone responsible for writing checks to the other 7?

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### Author: ![TennisDaze](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/t/dbc845/32.png) [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [April 30, 2024, 2:46pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/4 "2024-04-30T14:46:44Z")

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Each mineral owner signs a lease and is paid directly. If they place the minerals in a jointly owned entity (LP, LLC, Trust, etc.), then the entity will be paid.

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### Author: ![Richard\_Winblad](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/richard_winblad/32/11511_2.png) [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [April 30, 2024, 5:20pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/5 "2024-04-30T17:20:24Z")

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> [@jpatul](#):
>
> it is just a general bequest in will - no mention of specific property “I devise all of my property to sister 1 and sister 2”

Generally speaking, this would refer to the residue of the estate; it does not require any legal descriptions to be operative.

To your hypothetical about who is responsible for payment, the operator (or sometimes the mineral buyer) is responsible for payment to each of the owners if each owns individually their interest. So, in your case, each sister would receive payment from the paying entity.

_ **This post is not legal, tax, or investment advice. Reading or responding to this post does not create an attorney/client relationship.** _

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### Author: ![tim\_dowd](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/tim_dowd/32/23580_2.png) [@tim\_dowd](https://www.mineralrightsforum.com/u/tim_dowd)
#### Post date: [April 30, 2024, 8:39pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/6 "2024-04-30T20:39:59Z")

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Adding to what Rick said, it is not unusual for a mineral interest to start out with one owner and then end up with over 50 (or even over 100) owners with different fractions. Each fractional owner would get paid their specific fraction times the royalty in the lease.

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### Author: ![system](https://www.mineralrightsforum.com/uploads/db5755/original/3X/6/c/6c7c56608c843272ad6e3662ce9562a5956f173e.png) [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [July 28, 2024, 11:58pm UTC](https://www.mineralrightsforum.com/t/mineral-rights-through-inheritance/75387/7 "2024-07-28T23:58:53Z")

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