Practitioner Tool
Initial coverage: 13 states (the highest-volume mineral jurisdictions). Additional states are added only after the cited statute has been verified against the current code.
| State | Affidavit of Heirship | Citation | Small-estate covers real property? | Mineral-context note |
|---|---|---|---|---|
| Arkansas | Available | Ark. Code § 28-41-101 (small-estate affidavit, $100,000 cap, includes real property); recordable affidavit-of-heirship by common-law practice in mineral counties | yes | Fayetteville Shale and Arkoma Basin counties (Conway, Faulkner, Van Buren, White) routinely accept recorded heirship affidavits for mineral title chains within the $100,000 small-estate cap. Above the cap, formal probate. |
| Colorado | Limited | C.R.S. § 15-12-1201 (small estate affidavit, personal property only); no statutory mineral-AOH | no | Colorado small-estate affidavit is personal-property only. Mineral interests require informal or formal probate; ancillary case if decedent was non-domiciliary. |
| Kansas | Limited | K.S.A. § 59-1507b (transfer of property by affidavit, $40,000 personal property only); K.S.A. § 59-2249 (determination of descent for real property) | no | Kansas requires a Determination of Descent proceeding (§ 59-2249) to clear mineral title held by a decedent. The personal-property affidavit does not reach minerals. Hugoton-area counties (Stevens, Seward, Grant) have well-developed mineral-probate practice. |
| Louisiana | Louisiana uses succession (not probate); see La. C.C.P. arts. 3421 et seq. (small succession) | limited | Forced heirship and civil-law succession rules govern. Small-succession procedure caps at $125,000 gross estate (2025); above that, judicial opening of succession is required, plus possible ancillary if decedent was non-domiciliary. | |
| Montana | Limited | MCA § 72-3-1101 (small-estate affidavit, $50,000 personal property only) | no | Bakken-side mineral interests (Richland, Roosevelt, Sheridan counties) typically pass through informal probate (MCA Title 72, Ch. 3, Pt. 3). The personal-property small-estate affidavit does not reach minerals; ancillary case required if decedent was non-domiciliary. |
| North Dakota | Limited | N.D.C.C. § 30.1-23-01 (small-estate affidavit, $50,000 personal property only) | no | No statutory mineral-AOH. Dormant Mineral Act (N.D.C.C. ch. 38-18.1) creates a separate lapse risk if interests go unused for 20+ years — confirm dormancy status before assuming the decedent owned anything. |
| New Mexico | Limited | N.M.S.A. § 45-3-1201 (small-estate affidavit, $50,000 personal property only) | no | Informal probate (N.M.S.A. § 45-3-301) is the typical vehicle for mineral interests. Three-year SOL on opening probate (§ 45-3-108) — file determination of heirs proceeding if past it. Pooling orders by NM OCD frequently affect title chain. |
| Ohio | ORC § 2113.03 (release from administration, $35,000 cap; $100,000 if surviving spouse is sole heir); ORC § 2113.031 (summary release for indigent estates) | limited | Utica Shale mineral interests (Belmont, Carroll, Harrison, Monroe counties) require probate or release from administration to clear title. No statutory affidavit-of-heirship vehicle for minerals; surface and mineral estates frequently severed in chain of title from 19th-century deeds. | |
| Oklahoma | Available | 16 O.S. § 67 (recordable affidavit of heirship for real property; effective after 10 years from death) | yes | AOH under 16 § 67 is title-marketable after 10 years if uncontested. Summary administration (58 O.S. § 245) available for estates < $200,000. Forced-pooling orders (Corp. Comm.) frequently in chain. |
| Pennsylvania | 20 Pa.C.S. § 3102 (small-estate procedure, personal property only); 20 Pa.C.S. § 3155 (letters testamentary / administration); no statutory mineral AOH | no | Marcellus mineral interests (Bradford, Susquehanna, Tioga, Lycoming, Washington, Greene) require letters from the Register of Wills in the situs county to clear title. Severed-mineral title chains in PA are routinely 19th-century and frequently broken; expect curative work alongside the probate filing. PA imposes a state inheritance tax (15% to non-spousal/non-lineal heirs) on the DoD value of in-state minerals — plan filings before distribution. | |
| Texas | Available | Tex. Est. Code § 203.001 (recordable AOH, prima facie evidence after 5 years) | limited | AOH under § 203.001 is industry-accepted for mineral title in most TX counties. Muniment of title (Est. Code Ch. 257) is the preferred vehicle when there’s a will and no debt. Small-estate affidavit (§ 205.001) caps at $75,000 and excludes most mineral situations. |
| West Virginia | Limited | W. Va. Code § 44-1-14a (small-estate affidavit, $100,000 personal property; real property requires separate procedure) | no | Marcellus / Utica mineral interests typically pass through county fiduciary probate. Heir-property tracts very common; 1.3M unique interests statewide make AOH chains long. Verify each link recorded in the county clerk’s mineral index. |
| Wyoming | Limited | Wyo. Stat. § 2-1-201 (summary procedure for small estates, $200,000 limit including real property) | yes | Wyoming’s summary procedure under § 2-1-201 reaches real property up to the $200,000 cap, which can include modest mineral interests. Above the cap, formal probate; ancillary if decedent was non-domiciliary. |
Methodology. Citations reflect the section numbers in force as of each row’s source last checked date (visible in the source data). Statutes are re-codified periodically and dollar caps adjust by inflation; verify against current authority before relying on a citation in client work.
Pre-engagement verification status: These rows were drafted by Pointer editorial staff and are awaiting independent statute-citation re-verification by a credentialed reviewer. Do not cite these statute numbers in client work without re-checking against the current code.