Alabama — Heir Property & Inherited Mineral Rights
Alabama is one of fewer than ten U.S. states with a separate constitutional probate court at the county level (distinct from circuit court), which gives mineral-only estates a fast and inexpensive path through inheritance. Most Alabama mineral inheritance can be handled through the small-estate procedure or a brief uncontested probate without ever entering circuit court.
- Governing statute
- Ala. Code § 43-2-690 (Small Estates); Ala. Code § 43-8-110 et seq. (intestacy)
- Administered by
- Probate court of decedent's county of domicile
Key points for Alabama heir property & inherited mineral rights
- Probate court has primary jurisdiction over decedent estates; circuit court handles only appeals and contested matters.
- Small estate procedure (Ala. Code § 43-2-690) is indexed annually and currently sits in the mid-$30,000 range — most mineral-only estates qualify.
- Intestate descent under Ala. Code § 43-8-110 et seq. — surviving spouse and descendants share in proportions set by statute.
- No state estate or inheritance tax. Federal estate tax applies only above the federal exemption.
- For Black Warrior Basin CBM interests (Tuscaloosa, Jefferson, Walker counties), deeply-divided heirships from multi-generational ownership are common; clean title matters when CBM units are typically only 80 acres.
How this affects selling your Alabama mineral interest
Pointer handles Alabama probate-court curative at our cost — small-estate filings, ancillary proceedings for non-resident decedents, and operator-suspense releases.
Arkansas — Heir Property & Inherited Mineral Rights
Arkansas inherited minerals require either probate or the small-estate-affidavit procedure for estates under $100,000. Arkansas also recognizes affidavits of heirship recorded in the real-property records under Ark. Code § 18-12-105 — these are admissible evidence of family history but, unlike the Texas equivalent, do not become "prima facie evidence" by tenure on record.
- Governing statute
- Ark. Code § 28-41-101 (Small Estate); Ark. Code § 18-12-105 (recorded affidavit)
- Administered by
- Circuit court (probate division)
Key points for Arkansas heir property & inherited mineral rights
- Small estate affidavit (Ark. Code § 28-41-101): personalty + real estate under $100,000, executed by heirs and filed with the circuit clerk.
- Recorded affidavits of heirship (Ark. Code § 18-12-105) are widely used for older Fayetteville Shale interests but most operators still require a circuit-court determination before releasing suspended royalties.
- Standard probate: 6–12 months for uncontested mineral-only estates.
- Intestate descent runs under Ark. Code § 28-9-214 — surviving spouse and descendants share in proportions that depend on whether the marriage produced the children inheriting.
- No state estate or inheritance tax. For Fayetteville Shale interests, deeply-divided heirships from multi-generational ownership are common, and AOGC has reported significant operator-held suspense balances tied to broken title chains.
How this affects selling your Arkansas mineral interest
Pointer handles Arkansas title curative at our cost — recording affidavits of heirship, coordinating with circuit-clerk filings, and submitting the package to operators to release suspense.
California — Heir Property & Inherited Mineral Rights
California inherited minerals typically need probate or the small-estate-affidavit procedure. CA has unique community-property rules that affect how mineral interests pass at death.
- Governing statute
- Cal. Probate Code § 13100 (Small Estate Affidavit)
- Administered by
- Superior court of decedent's county of domicile
Key points for California heir property & inherited mineral rights
- Small-estate affidavit (Cal. Probate Code § 13100): personalty under $184,500 (2024 figure, indexed).
- Standard probate: 9–18 months — California is one of the slower probate states.
- Community-property characterization affects which spouse owns mineral interests acquired during marriage.
- No state estate or inheritance tax.
- For Kern County / San Joaquin Basin interests, title chains are typically clean given long history of professional landwork.
How this affects selling your California mineral interest
Pointer handles California title curative at our cost. Community-property questions are common and we work through them with the seller's family attorney.
Colorado — Heir Property & Inherited Mineral Rights
Colorado accepts a small-estate affidavit for personal property under $80,000 but mineral title transfer typically requires probate or a court-determined heirship for any meaningful interest.
- Governing statute
- C.R.S. § 15-12-1201 (Small Estate Affidavit)
- Administered by
- District court (probate division) + County recorder
Key points for Colorado heir property & inherited mineral rights
- Small-estate affidavit (C.R.S. § 15-12-1201): personalty under $80,000 (2024 figure, indexed).
- Informal probate (C.R.S. § 15-12-301): typical 3–6 months for mineral-only uncontested estates.
- No state estate or inheritance tax.
- Colorado has a beneficiary deed for real property (C.R.S. § 15-15-401) that lets owners avoid probate by recording a transfer-on-death deed for minerals.
- For DJ Basin tracts subject to recent COGCC pooling orders, clean title is essential before claiming pooling proceeds in suspense.
How this affects selling your Colorado mineral interest
Pointer can close on CO mineral interests via small-estate affidavit, beneficiary deed, or post-probate. Title curative is at our cost.
Illinois — Heir Property & Inherited Mineral Rights
Illinois inherited minerals typically need either formal probate or the small-estate-affidavit procedure for estates whose personalty is under $100,000. Illinois Basin mineral interests in counties like Wabash, White, Hamilton, and Lawrence are often held by fourth- or fifth-generation heirs, and clean title commonly requires reaching back through several decedent estates rather than just one.
- Governing statute
- 755 ILCS 5/25-1 (Small Estate Affidavit); 755 ILCS 5/9-3 (intestacy)
- Administered by
- Circuit court of decedent's county of domicile
Key points for Illinois heir property & inherited mineral rights
- Small estate affidavit (755 ILCS 5/25-1): personalty under $100,000 — the affidavit lets heirs collect assets and convey real-property interests without formal letters.
- Independent Administration of Estates Act lets a personal representative administer most uncontested estates without ongoing court supervision.
- Standard probate: 6–12 months; supervised administration adds 3–6 months versus independent.
- No state inheritance tax (eliminated 2009). IL has a state estate tax with a $4M exemption — most mineral-only estates fall under.
- Intestate descent is governed by 755 ILCS 5/9-3 (no spouse) and 5/9-4 (with spouse) — order matters when reconstructing title from older Illinois Basin tracts.
How this affects selling your Illinois mineral interest
Pointer handles Illinois title curative at our cost — including filing the small-estate affidavit, coordinating ATG/ATG underwriting standards with the title agent, and clearing fractional-interest gaps from older intestacies.
Kansas — Heir Property & Inherited Mineral Rights
Kansas inherited minerals typically require either probate or a "determination of descent" proceeding under K.S.A. § 59-1507b. The determination-of-descent procedure is faster and cheaper than full probate when it applies.
- Governing statute
- K.S.A. § 59-1507b (Determination of Descent)
- Administered by
- District court of decedent's county of domicile
Key points for Kansas heir property & inherited mineral rights
- Determination of descent (K.S.A. § 59-1507b): court order naming the heirs of a decedent who died over six months prior — useful for older mineral-only estates.
- Affidavit of heirship is accepted by some Kansas title examiners but not universally — court-determined order is preferred for current-decade transactions.
- Standard probate: 6–9 months for an uncontested mineral-only estate.
- No state estate or inheritance tax.
- For Hugoton and Mississippian Lime interests, deeply-divided heirships are common — multiple generations of intestate succession produce many small fractional shares.
How this affects selling your Kansas mineral interest
Pointer handles Kansas determination-of-descent and affidavit work at our cost during closing. Most Hugoton interests we buy come through this path rather than full probate.
Louisiana — Heir Property & Inherited Mineral Rights
Louisiana is the only U.S. state with a civil-law (rather than common-law) inheritance system. Inherited mineral interests require a "succession" — Louisiana's equivalent of probate — to perfect title for sale.
- Governing statute
- La. C.C. Articles 880–905 (Intestate Succession)
- Administered by
- District court (succession proceedings)
Key points for Louisiana heir property & inherited mineral rights
- Louisiana succession is the civil-law equivalent of probate; mineral-only successions typically run 4–12 months.
- Forced heirship: Louisiana protects certain heirs (children under 24 or disabled at any age) from being disinherited — this can complicate older successions.
- Usufruct: surviving spouse often holds usufruct (lifetime use) over decedent's separate property, with bare ownership going to descendants.
- No state inheritance tax (eliminated 2008).
- Mineral servitudes prescribe (lapse) after 10 years of non-use — Louisiana mineral inheritances need to verify the servitude is still alive.
How this affects selling your Louisiana mineral interest
Pointer handles Louisiana succession-related title curative at our cost. The 10-year mineral-servitude prescription is the most common title issue and we check it as the first step.
Michigan — Heir Property & Inherited Mineral Rights
Michigan inherited minerals typically need probate or the small-estate procedure for estates under $50,000.
- Governing statute
- MCL § 700.3982 (Small Estate)
- Administered by
- Probate court of decedent's county of domicile
Key points for Michigan heir property & inherited mineral rights
- Small estate procedure (MCL § 700.3982): personalty under $50,000 (indexed).
- Standard probate: 6–12 months for uncontested mineral-only estates.
- Michigan dormant mineral statute (MCL § 554.291) — severed minerals may be reunited with surface after 20 years of non-use plus statutory notice.
- No state estate or inheritance tax.
- For Antrim Shale interests, multi-generational deeply-divided heirships are common.
How this affects selling your Michigan mineral interest
Pointer pulls dormant-mineral status as the first step on Michigan inherited mineral underwriting.
Mississippi — Heir Property & Inherited Mineral Rights
Mississippi mineral inheritances run through the chancery court rather than a probate court. The chancery court has plenary jurisdiction over estates.
- Governing statute
- Miss. Code § 91-7-1 (Probate)
- Administered by
- Chancery court of decedent's county of domicile
Key points for Mississippi heir property & inherited mineral rights
- Chancery court is the court of equity with jurisdiction over probate, estates, and real-property title matters.
- Standard probate: 6–12 months for uncontested mineral-only estates.
- Heirship affidavits are accepted in some title contexts but full chancery determination is the standard for active TMS / Smackover interests.
- No state inheritance or estate tax.
- TMS-fairway counties (Amite, Wilkinson) and Smackover-area interests have seen renewed leasing activity; clean title matters.
How this affects selling your Mississippi mineral interest
Pointer handles Mississippi chancery-court curative at our cost during closing.
Montana — Heir Property & Inherited Mineral Rights
Montana inherited minerals typically need either probate (informal or formal) or a small-estate-affidavit procedure. There is no Texas-style heirship affidavit.
- Governing statute
- Mont. Code Ann. § 72-3-1101 (Small Estates)
- Administered by
- District court of decedent's county of domicile
Key points for Montana heir property & inherited mineral rights
- Small estate affidavit (Mont. Code Ann. § 72-3-1101): personalty under $50,000.
- Informal probate: 3–6 months for uncontested mineral-only estates.
- No state estate or inheritance tax.
- For Bakken interests in eastern MT, clean title is essential — operators apply strict standards.
- Mineral interests on Fort Peck and Crow reservation lands are often tribal-trust (handled through BIA), not fee — verify before transfer.
How this affects selling your Montana mineral interest
Pointer handles Montana title curative at our cost. We verify trust-vs-fee status as a first-step check on reservation-area mineral interests.
New Mexico — Heir Property & Inherited Mineral Rights
New Mexico accepts affidavits of successor for mineral transfers, but the rules are stricter than Texas — you need either a small-estate-affidavit path (under $50,000) or a court-determined order of heirship for larger interests.
- Governing statute
- NMSA § 45-3-1201 (Affidavit of Successor)
- Administered by
- County Clerk recording
Key points for New Mexico heir property & inherited mineral rights
- Small-estate affidavit (NMSA § 45-3-1201) is available when the entire estate is under $50,000 — useful for low-value mineral-only inheritances.
- Larger inheritances typically require an "informal probate" through the district court (NMSA § 45-3-301), which is faster and cheaper than full administration.
- A court order of heirship issued under NMSA § 45-3-409 is the strongest title document and is preferred by Permian-Basin title examiners for active leasing or pooling situations.
- Out-of-state probates are recognized via ancillary procedures or foreign-probate filings; New Mexico does not require a separate full probate to perfect mineral title.
- Royalty payments in suspense at an operator pending heirship proof restart within one or two production months once the curative document is recorded and submitted.
How this affects selling your New Mexico mineral interest
Pointer handles the heirship-affidavit and informal-probate documents at our cost during closing. Most NM Permian inheritances we close use the small-estate or informal-probate path rather than full administration.
North Dakota — Heir Property & Inherited Mineral Rights
North Dakota does not have a Texas-style heirship affidavit regime. Mineral-only inheritances generally need a probate (typically informal) or a court-determined order of heirship to perfect title for sale.
- Governing statute
- NDCC § 30.1-04-01 et seq.
- Administered by
- County recorder + district court (informal probate)
Key points for North Dakota heir property & inherited mineral rights
- Informal probate (NDCC § 30.1-14-01) is the standard path — typical timeline 3–6 months for mineral-only estates with no contests.
- Small-estate affidavit (NDCC § 30.1-23-01) is available when the entire estate value is under $50,000 — useful for low-value Bakken interests.
- NDCC § 38-18.1 governs lapse of unused mineral interests after 20 years of non-use — heirs of long-dormant interests should check whether a statement of claim has been filed to preserve.
- The lapse statute is the most common title trap on inherited ND minerals: an interest can be lost to the surface owner if no production, lease, or recorded statement of claim has occurred in 20 years.
- Out-of-state probates are recognized via ancillary procedures; ND does not require a separate full ND probate.
How this affects selling your North Dakota mineral interest
Pointer pulls the NDCC § 38-18.1 lapse status as the first step on any ND mineral underwriting. If lapse is a risk, we either price it in or file the statement of claim during closing to preserve the interest.
Ohio — Heir Property & Inherited Mineral Rights
Ohio inherited minerals require probate or release from administration (for small estates), but the more important issue for Ohio mineral inheritances is the Dormant Mineral Act — severed minerals can be reunited with the surface estate after 20 years of non-use unless the mineral owner files a notice of preservation.
- Governing statute
- Ohio Rev. Code § 2113.03 (Release from Administration); Dormant Mineral Act (R.C. § 5301.56)
- Administered by
- Probate Court of decedent's county of domicile
Key points for Ohio heir property & inherited mineral rights
- Release from administration (R.C. § 2113.03) for estates under $35,000 (or $100,000 if surviving spouse is sole heir) — common path for older mineral-only estates.
- Dormant Mineral Act (R.C. § 5301.56): severed minerals abandoned after 20 years of "non-use" if surface owner serves notice and the mineral owner does not file a preservation claim within 60 days.
- "Use" means production, lease, drilling, payment of taxes, or recorded mineral transaction during the 20-year lookback.
- For inherited Utica minerals last leased before 2013, the preservation claim is the critical title-clearing step before sale.
- Recent Ohio Supreme Court cases (Corban v. Chesapeake, Walker v. Shondrick-Nau) have shaped DMA application; Marcellus/Utica operators now require explicit DMA compliance.
How this affects selling your Ohio mineral interest
Pointer pulls the DMA preservation status as the first step on any inherited Ohio mineral underwriting. If preservation is needed, we file the claim during closing to clear title.
Oklahoma — Heir Property & Inherited Mineral Rights
Oklahoma accepts an affidavit of death and heirship to perfect mineral title without probate. Compared to Texas, the Oklahoma standard is somewhat stricter — affidavits typically need 10 years to ripen into prima facie evidence, and many title examiners in active OCC counties prefer a court-determined heirship for current-decade transactions.
- Governing statute
- Okla. Stat. tit. 16 § 67 (Affidavit of Death and Heirship)
- Administered by
- County Clerk recording
Key points for Oklahoma heir property & inherited mineral rights
- Okla. Stat. tit. 16 § 67 affidavits do not require court approval and can be recorded directly with the county clerk where the minerals sit.
- After 10 years on record without contest, the affidavit becomes prima facie evidence — for older inheritances this is the standard title path.
- For more recent deaths (post-2015), title attorneys often combine the affidavit with a determination-of-heirship order from the district court for cleaner title — this can be done as part of the buyer's closing process.
- Oklahoma has an "Estates of Small Value" summary procedure (Okla. Stat. tit. 58 § 241) for total estates under $50,000 in personalty — useful for low-value mineral-only estates.
- If your deceased owned minerals in both Oklahoma and Texas, you typically open the primary probate in the state of domicile and use ancillary procedures (or affidavits of heirship) in the other.
How this affects selling your Oklahoma mineral interest
Pointer prepares and records the affidavit of heirship at our cost during closing. For OCC-filed forced-pooling units where heirship has not been proven, this is the most common piece of curative title work.
Pennsylvania — Heir Property & Inherited Mineral Rights
Pennsylvania does not allow a non-judicial heirship affidavit for substantial mineral interests. Inherited Marcellus minerals typically need a probate (or its small-estate equivalent) to perfect title for sale.
- Governing statute
- 20 Pa.C.S. § 3101 (Settlement of Small Estates) + 20 Pa.C.S. Chapter 31 (Probate)
- Administered by
- Register of Wills (county) + Orphans' Court Division
Key points for Pennsylvania heir property & inherited mineral rights
- Small-estate settlement (20 Pa.C.S. § 3101) is available for estates under $50,000 — useful for older or smaller WV/PA mineral interests.
- Larger inheritances need a probate filed with the Register of Wills in the county of decedent's domicile.
- Pennsylvania has a state inheritance tax (4.5% direct descendants, 12% siblings, 15% other) — paid out of estate assets, including mineral proceeds.
- Marcellus inheritances in the wet-gas counties often involve multi-million-dollar interests; clean title via probate is essential because operator title divisions on these tracts are strict.
- Inheritance tax must be paid (or arrangements made) before the operator releases royalty payments to heirs — a frequent source of suspense.
How this affects selling your Pennsylvania mineral interest
Pointer can close on PA mineral interests during or after probate. We coordinate with the personal representative and inheritance-tax filings to ensure the operator releases royalty suspense post-closing.
Texas — Heir Property & Inherited Mineral Rights
Texas has the oldest and most permissive heirship-affidavit regime in U.S. mineral law. A properly executed affidavit of heirship recorded in the county where the minerals lie is binding on third parties after five years and is the standard title path for inherited Texas mineral interests when no probate was opened.
- Governing statute
- Tex. Estates Code §§ 203.001–203.002 (Affidavit of Heirship)
- Administered by
- County Clerk recording (RRC for production attribution)
Key points for Texas heir property & inherited mineral rights
- A Tex. Estates Code § 203.001 affidavit signed by two disinterested witnesses is the de facto standard for proving heirship on Texas mineral title — most title examiners accept it without further curative.
- After five years on record, the affidavit is "prima facie evidence" of the recited facts (Tex. Estates Code § 203.002), which is why it is the dominant inheritance path for older Texas mineral interests.
- Affidavits do not need court approval and are typically prepared by the buyer's title attorney at no cost to the seller as part of closing.
- For multi-state estates, the Texas affidavit can be paired with a foreign-probate exemplification or with affidavits from other states without forcing a Texas-court probate.
- If royalties have been in suspense at an operator pending heirship proof, recording the affidavit and submitting it with a release of suspense letter typically restarts payment within one or two production months.
How this affects selling your Texas mineral interest
When Pointer underwrites a Texas mineral interest with no recent probate, we prepare and record the heirship affidavit at our cost as part of closing. Lack of a probated will is rarely a deal-stopper for Texas minerals — we close these every week.
Utah — Heir Property & Inherited Mineral Rights
Utah is one of about 18 states that adopted the Uniform Probate Code (UPC) in substantially uniform form. The UPC framework gives heirs and personal representatives a streamlined small-estate-affidavit option for most mineral-only inheritances and an informal-probate path for everything else, both of which avoid most ongoing court supervision.
- Governing statute
- Utah Code § 75-3-1201 (Small Estate Affidavit); Utah Code § 75-2-101 et seq. (UPC intestacy)
- Administered by
- District court of decedent's county of domicile
Key points for Utah heir property & inherited mineral rights
- Small estate affidavit (Utah Code § 75-3-1201): personalty under $100,000 (recently raised) lets heirs collect assets and convey real-property interests without letters.
- Informal probate (UPC Article III): 3–6 months for uncontested mineral-only estates; the personal representative administers the estate by application rather than petition.
- Intestate descent runs under Utah Code § 75-2-101 et seq. — UPC default rules govern unless a will controls.
- No state estate or inheritance tax.
- For Uinta Basin interests (Duchesne, Uintah, and adjacent counties), voluntary-lease economics dominate; mineral title is typically clean and curative is straightforward.
How this affects selling your Utah mineral interest
Pointer handles Utah title curative at our cost — small-estate affidavits, informal-probate coordination, and operator-suspense releases as part of closing.
West Virginia — Heir Property & Inherited Mineral Rights
West Virginia does not allow a Texas-style heirship affidavit. Inherited mineral interests need probate (or the small-estate procedure for under $50,000 personalty) to perfect title.
- Governing statute
- W. Va. Code § 41-3-1 (Probate); W. Va. Code § 44-3a-19 (Small Estates)
- Administered by
- County Commission (probate jurisdiction)
Key points for West Virginia heir property & inherited mineral rights
- Small-estate procedure (W. Va. Code § 44-3a-19): personalty under $100,000 and real-estate transfer to spouse/descendants — useful for many WV mineral inheritances.
- Standard probate is filed with the County Commission of the decedent's county of domicile.
- WV has no state inheritance or estate tax.
- Severed mineral interests in WV often have very long, complex chain-of-title histories from late-1800s land grants — title curative is a significant practical issue.
- Marcellus operators in WV apply strict title standards; royalty payments are commonly held in suspense until heirship is fully cured.
How this affects selling your West Virginia mineral interest
Pointer handles the title curative on WV mineral inheritances at our cost. Multi-generational unprobated chains are routine and we close these regularly.
Wyoming — Heir Property & Inherited Mineral Rights
Wyoming offers a distribution-by-affidavit procedure for small estates and an informal probate path for larger ones. There is no statutory affidavit-of-heirship of the Texas type.
- Governing statute
- Wyo. Stat. § 2-1-201 (Distribution by Affidavit)
- Administered by
- District court (probate jurisdiction)
Key points for Wyoming heir property & inherited mineral rights
- Distribution by affidavit (Wyo. Stat. § 2-1-201): personalty under $200,000 — useful for many mineral-only estates.
- Summary distribution (Wyo. Stat. § 2-1-203) for estates under $200,000.
- Standard probate runs through the district court; typical mineral-only timeline 6–12 months.
- No state estate or inheritance tax.
- For Powder River / Niobrara mineral inheritances, clean title is essential because operators apply strict standards.
How this affects selling your Wyoming mineral interest
Pointer handles WY title curative at our cost during closing. The summary-distribution procedure is the most common path for the inherited interests we buy.