You have a number of issues here. Minerals are real property and title must be established in the deed records. Since you mother died without a will, the minerals will pass to the heirs (spouse and children) as specified under the NM intestacy statutes. However, you still have to establish title into the heirs and a NM estate attorney can explain that process. It is in your best interest to sign an oil and gas lease and be paid royalties. An oil and gas lease has a primary term (e.g. 3 years) to establish production and then stay in effect until all production has ceased, which can be decades. It differs from a rental apartment which has a set single limited term. If you do not lease (unleased mineral owner), then your rights are also set under NM law. The the minerals will be included in a NM state pooling order and, as I understand it, you will be paid a lower royalty until the “payout”, which is when the well revenues have fully covered all drilling and operating expenses, and then be paid a higher royalty. But only AFTER you have established legal title to the minerals in the deed records. Do not sign the participation as you will not want to become a working interest owner and have to pay costs up-front. NM law is complicated and there is a lot to learn. One place to start is National Association of Royalty Owners (NARO) and join as NM owner. These minerals have become very valuable in recent years and the royalties can be significant. It is advisable to have a NM oil and gas attorney review the lease to make sure you and the other heirs get the best terms.
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