Transferring Ownership, Grant Deed or Quit Claim Deed?

I am trustee of my parent’s trust and am on title as such of Warren E&P mineral rights that my grandparents first purchased in 50’s/60’s. Subsurface mineral rights. My father passed away last year and I need to transfer title to my sisters and I. I received this from Warren: ‘You may move forward with preparation of a Quitclaim Deed or Grant Deed which properly describes the properties from (myself as trustee of my parent’s trust) unto the Beneficiaries under the Trust.’

I’d like to know if I need a quit claim deed or a grant deed and can I fill out form without attorney? Thank you for any info

Dear Wesglen:

If record title is definately in your name, you can transfer title by either a grant deed or a quitclaim. A grant deed is a transfer that has an implicit guarantee that you hold title, a quitclaim is a transfer that implies only that whatever interest you have (if any) you are transferring it to the grantee. I suggest a quitclaim unless a grant deed is necessary for the grantees to obtain loans, etc. You can use a quitclaim form online. It needs to be notarized and recorded in all counties where the mineral interests are located. Hope this helps.

Jean M. Pledger

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Thank you for your response. Warren E&P accepted my trust cert and added my name as trustee when my dad was incapacitated, but I don’t believe it ever went to assessor’s office. Then when I inquired about transferring ownership to my siblings after my dad passed, I was told I needed to file QC or GD.
The quitclaim form wording is confusing as it says the ‘undersigned grantor’ declares transfer tax and other lines I don’t get. Who would be the grantor (s)? Where do I find out the transfer tax? Thanks

You would be well served to have an experienced attorney who is licensed in the state where the minerals are located to determine the appropriate form of deed based on your facts and circumstances and what else needs to be done.

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Welcome to the Forum:

If the property was properly transferred into the trust (usually to the trustee). Then the process should be fairly simple. For example, if the property is in Oklahoma there would be an affidavit of successor trustee and a trustee’s mineral deed. Currently Oklahoma does not require any court oversight. Other states may have different requirements.

One common problem is people who forget to deed their minerals into the trust. If this occurs then that state’s probate or probate substitute procedures must be followed.

I agree with SClausen. It sounds like there are additional requirements for recording - for example, recording an affidavit re death of trustee. These are issues that need to be addressed other than through this forum.

SClausen is also correct that you’ll need to contact a lawyer in the state in which the minerals are located because each state has a variety of requirements for transfer of mineral interests.

Jean M. Pledger

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The ‘Landman’ at Warren E & P handled the trustee title change with trust certification and w-9 forms.

Thank you all, it looks like I will need to call a real estate attorney to make sure I will transfer ownership correctly.