Transfer of Mineral Rights in North Dakota

My recently deceased Mother has Mineral Rights in Wells and Burleigh Counties. They were recorded in August 1993 with both counties. I have been managing all her properties years now and we don’t show any income ever received but we want to still transfer the rights to her children (I am one of three heirs). She recently passed away and we are trying to transfer ownership to her heirs. Can someone point me in the right direction? I have the original Conveyance with the original stamps from both counties.

Frustrated. Cecile Cann

You will need to have your mother’s estate probated in North Dakota. Now, something to investigate or be concerned about is that North Dakota has a dormant mineral act, wherein if there is no activity, such as production, or leasing, or your family has not filed anything against the sections involved for 20 years, then the mineral interest could lapse or revert back to the surface owner. You may need a land professional to investigate this, and perhaps file a notice of claim in the particular sections.


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