# Should my parents sell or transfer mineral rights me
**URL:** https://www.mineralrightsforum.com/t/should-my-parents-sell-or-transfer-mineral-rights-me/48677
**Category:** General Mineral Rights Discussion
**Created:** [July 20, 2019, 3:14pm UTC](https://www.mineralrightsforum.com/t/should-my-parents-sell-or-transfer-mineral-rights-me/48677 "2019-07-20T15:14:41Z")
**Posts on this page:** 3
**Page:** 1
### Author:  [@okie28](https://www.mineralrightsforum.com/u/okie28)
#### Post date: [July 20, 2019, 3:14pm UTC](https://www.mineralrightsforum.com/t/should-my-parents-sell-or-transfer-mineral-rights-me/48677/1 "2019-07-20T15:14:41Z")
My parents each own half of producing leases in Oklahoma. We are all residents of Texas. They would like to sell or transfer these to me. Can we use a quit claim deed for either of these? If I buy them, will it keep the mineral rights from going through probate in Oklahoma? Also, what is the tax implication? I have read that Oklahoma takes about 28% from out of state owners. Does that mean I would have to file Oklahoma State Tax Return, or would the income be covered under Federal? Any help would be appreciated.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [July 23, 2019, 4:08pm UTC](https://www.mineralrightsforum.com/t/should-my-parents-sell-or-transfer-mineral-rights-me/48677/3 "2019-07-23T16:08:54Z")
Probate can be avoided in three ways:
_ **Deed now** _ (may trigger gift tax filing requirements for your parents; also you lose a “stepped up valuation,” which could mean increased capital gains taxes if you sell later).
_ **Trust** _: If your parents have a trust, the property can be deeded into it. The Trust can make you the beneficiary of that property. You achieve stepped-up valuation, which can reduce capital gains if you sell later. If they don’t have a Trust, a simple Oklahoma Mineral Trust can be created.
_ **Transfer on Death Deed** _: Your parents retain ownership and all rights. Upon death, you would file a simple affidavit and death certificates, and the property becomes yours. Again, a stepped-up value.
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### Author:  [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 7:19pm UTC](https://www.mineralrightsforum.com/t/should-my-parents-sell-or-transfer-mineral-rights-me/48677/4 "2025-01-11T19:19:03Z")