Need help on transferring titles in Illinois

Law & Legal
1

A family member died in North Carolina and her estate is in probate there. We found that she has oil royalty intersts in Macon County Illlinois. These are very small percentages in several holdings. We have three Macon county tax forms for a total of what looks like 7 wells. Total tax value for the holdings is about $5000. We are trying to find out how to transfer the properties into our names (as stated in the will). The minimal value keeps us from wanting to use more attorneys or probate. Some of the wells are producing so small royallties are coming off them. About $2000 last year. We have been successful in getting the payments from one of the 3 oil management firms changed over using the will/ letters testamentary and affidavite of heirship. But we want to change the actual ownership if possible for not much money.

Does anyone know how to do this in Illinois without probate?

We would also entertain selling the holdings, if this this is possible. But to do that would we have to title it to us first?

Thanks for ANY good insight.

2

Mr, Archibald

In my opinion, the only correct way would be an ancillary probate the estate in Illinois. I went through the same thing last year with property in Illinois. You'll need an authenticated (not just certified copy) of the North Carolina probate once the final decree is issued to be admitted in Macon County to start the proceedure. There will be some other paperwork involved, original copy of Death Certificate, any spouses and their death/divorce status, info that may be specific to Illinois, etc. I actually found it quite affordable compared to the same process being completed in Oklahoma and the attorney completed everything in about 8-9 weeks.

As far as I'm concerned, anything short of a probate should affect your title as being "marketable" for a long time. Consult with someone qualified to render a title opinion for the benefit of an operator within Illinois law to confirm, but that was what my research revealed.

You also need to take steps to prevent future generations from having to do the same thing.