Mineral Rights, Survivorship, and Probate
When an individual dies, the probate court takes all of the real property titled in the deceased person’s name and determines the new owner. The same is true of oil, gas, and mineral interests, as they are real property.
This process is fairly straightforward if the individual had a will that clearly stated where they wanted these interests to go. Even so, the probate court must approve of the transfer. This can be a lengthy process and is subject to court costs and attorney’s fees.
Alternatively, the mineral interests can pass automatically if they are part of a deed containing survivorship language. …