I am looking for a probate attorney. My family has a small amount of mineral rites. We negotiated a lease, received the upfront payment and now to receive the royalties we are told we need to file probate in ND.

These were my mothers mineral rites which no one knew about when she passed away. She did not have a will or enough assets to file probate in MN where she passed away.

Someone told me I just need to file an affidavit but I am not sure if that is correct. I want to do it right the first time.

Any suggestions would be great. There are five of us that the mineral rites are being divided to.

Thank you in advance!

While possible the operator could pay you on a affidavit with death certificate attached which makes it a proof of death and heirship, many operators will want you to probate the estate, it's their choice and it isn't their money being spent. The thing is, if your mother inherited without probate in the state of North Dakota, you have more than one probate to do to clear your chain of title. North Dakota does not recognize probates from other states so if the one who left mom the mineral rights estate was not probated in ND, you have to do another probate, if any probate is required. Some people would have 2 or more probates that need to be done and opt for a quiet title action which would clear title to present. Probates have been getting more and more expensive in ND. I wish you the best of luck.

Thank you so much. When my mom inherited them it was filed in North Dakota so I believe I only need one probate. I spoke to two attorneys and was quoted $2500.00. I will check to see if a quiet title action is something we can do. Thank you so much for your fast response.

2,500 is really reasonable sounding for a probate in ND right now, I've heard $4,000 and up because the lawyers are so busy they can pick and choose and name their price. Glad you only have one probate.

Ask an attorney if a Muniment of Title is recognized in ND. If so, that would be the most expedient, and less costly way to go for probating the estate. In addition, I think you will still need to file an Affidavit of Heirship.

Good luck.


Thank you Pat!