# Operator requesting ancillary probate
**URL:** https://www.mineralrightsforum.com/t/operator-requesting-ancillary-probate/69509
**Category:** Oil and Gas Leasing Help
**Created:** [January 26, 2023, 4:26am UTC](https://www.mineralrightsforum.com/t/operator-requesting-ancillary-probate/69509 "2023-01-26T04:26:28Z")
**Posts on this page:** 3
**Page:** 1
### Author:  [@Teddeshred](https://www.mineralrightsforum.com/u/Teddeshred)
#### Post date: [January 26, 2023, 4:26am UTC](https://www.mineralrightsforum.com/t/operator-requesting-ancillary-probate/69509/1 "2023-01-26T04:26:28Z")
First, let me thank y’all for all the help and answers. I was contacted about minerals our family has in Eddy County, New Mexico, that was passed down by my mother. We signed a lease and the wells have been producing since last August, but we hadn’t received any checks. I followed up and was told that I needed to perform an ancillary probate, even though I have last will and testament clearly placing all oil, mineral and leasing rights to be passed to heirs. Why would I need further clarification, if so clearly stated? Additionally, would I need a lawyer and do the whole thing, or is there another way to get this done? Thanks!
---
### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [January 26, 2023, 5:52am UTC](https://www.mineralrightsforum.com/t/operator-requesting-ancillary-probate/69509/2 "2023-01-26T05:52:15Z")
Minerals are real property and title must be established through proper filings in deed records. New Mexico requires ancillary probate when the deceased mineral owner lived out of state and probate was filed elsewhere. This is a relatively easy process, but will require an attorney licensed in New Mexico. If for some reason no probate was filed in your mother’s state, then you will have to go through a more extensive process to establish title. It is my understanding that New Mexico will not allow you to simply file an affidavit of heirship to establish title.
---
### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [April 26, 2023, 4:27am UTC](https://www.mineralrightsforum.com/t/operator-requesting-ancillary-probate/69509/3 "2023-04-26T04:27:13Z")
This topic was automatically closed after 90 days. New replies are no longer allowed.