Alabama — Probate of 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 — with original jurisdiction over decedent estates. Mineral-only Alabama estates usually clear in 6–12 months; uncontested will admissions are typically docketed within 30–60 days.
- Governing statute
- Ala. Code Title 43 (Wills and Decedents' Estates)
- Administered by
- Probate court (constitutional)
Key points for Alabama probate of mineral rights
- Probate court is the primary forum; circuit court hears appeals and contested matters.
- Letters testamentary or of administration are issued by the probate judge after will admission or appointment.
- Standard probate 6–12 months for uncontested mineral-only estates.
- 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.
- No state estate or inheritance tax. Out-of-state decedents need ancillary administration in the Alabama county where the minerals lie.
How this affects selling your Alabama mineral interest
Pointer can close on Alabama minerals via small-estate procedure or post-probate. We coordinate filings with the relevant county probate court at our cost.
Arkansas — Probate of Mineral Rights
Arkansas probate runs through the circuit court's probate division. The state has a unified circuit-court structure (no separate probate or chancery court), but probate matters are docketed and administered separately within each circuit.
- Governing statute
- Ark. Code Title 28 (Probate Code)
- Administered by
- Circuit court (probate division)
Key points for Arkansas probate of mineral rights
- Letters testamentary or letters of administration issue from the circuit clerk after will admission or appointment.
- Standard probate: 6–12 months for uncontested mineral-only estates; faster when no creditor disputes.
- Small-estate-affidavit alternative under $100,000 (Ark. Code § 28-41-101) avoids full administration entirely.
- Out-of-state decedents require ancillary administration in the Arkansas county where the minerals lie before title can be perfected.
- No state estate tax. Federal estate tax applies only above the federal exemption — most mineral-only Arkansas estates owe none.
How this affects selling your Arkansas mineral interest
Pointer can close on Arkansas minerals via small-estate affidavit or post-probate. We coordinate with the personal representative when administration is open.
California — Probate of Mineral Rights
California probate is court-supervised and typically slower (9–18 months) than other states. Statutory attorney fees are set by code as a percentage of estate value.
- Governing statute
- Cal. Probate Code
- Administered by
- Superior court of decedent's county of domicile
Key points for California probate of mineral rights
- Standard probate: 9–18 months for uncontested mineral-only estates.
- Statutory attorney/personal-rep fees: 4% on first $100K, 3% on next $100K, 2% on next $800K, 1% on next $9M.
- Small-estate affidavit (under $184,500 personalty) is the streamlined alternative.
- No state estate tax.
How this affects selling your California mineral interest
Pointer can close on California mineral interests via small-estate affidavit or post-probate. The slower CA probate timeline is a normal underwriting consideration.
Colorado — Probate of Mineral Rights
Colorado follows the Uniform Probate Code. Informal probate is the standard path for uncontested mineral estates; formal probate is reserved for contested or complicated administrations.
- Governing statute
- C.R.S. Title 15 (Uniform Probate Code)
- Administered by
- District court (probate division)
Key points for Colorado probate of mineral rights
- Informal probate: no court hearings if uncontested; typical 3–6 months.
- Formal probate: required when contested or complicated.
- Beneficiary deeds (C.R.S. § 15-15-401) are a useful pre-death tool to keep mineral interests out of probate entirely.
- No state estate or inheritance tax.
- For DJ Basin / Niobrara tracts, payment of severance and ad valorem taxes during the prior owner's lifetime is documentation for clean transfer.
How this affects selling your Colorado mineral interest
Pointer closes on Colorado minerals concurrent with or after probate. The beneficiary-deed pre-death structure is the cleanest path when available.
Illinois — Probate of Mineral Rights
Illinois probate runs through the circuit court of the decedent's county of domicile (or, for non-domiciliaries, ancillary in the county where the minerals lie). The Independent Administration of Estates Act lets most uncontested mineral estates skip ongoing court supervision after the will is admitted.
- Governing statute
- 755 ILCS 5/ (Illinois Probate Act of 1975)
- Administered by
- Circuit court of decedent's county of domicile
Key points for Illinois probate of mineral rights
- Independent administration is the default for uncontested estates; supervised administration is only required when contested or when the will explicitly demands it.
- Six-month creditor-claim window after publication; estate cannot fully close until that window expires.
- Standard probate: 6–12 months for mineral-only estates.
- Small-estate-affidavit alternative under $100,000 (755 ILCS 5/25-1) avoids letters entirely.
- IL state estate tax has a $4M exemption — relevant for large mineral estates but most royalty-only estates fall well under.
How this affects selling your Illinois mineral interest
Pointer can close on Illinois minerals via small-estate affidavit or post-probate; we coordinate with personal representatives during open administration.
Kansas — Probate of Mineral Rights
Kansas probate is court-supervised; mineral-only estates typically close in 6–9 months. The determination-of-descent procedure (above) handles many older inheritances without opening a full administration.
- Governing statute
- K.S.A. Chapter 59 (Probate Code)
- Administered by
- District court of decedent's county of domicile
Key points for Kansas probate of mineral rights
- Standard probate: court-supervised, with inventory and accounting.
- Determination of descent (six months after death) is the streamlined alternative for mineral-only estates.
- No state estate or inheritance tax.
- Out-of-state decedents need ancillary probate in KS to perfect mineral title.
How this affects selling your Kansas mineral interest
Pointer can close on Kansas mineral interests via determination of descent or post-probate. Title curative is at our cost.
Louisiana — Probate of Mineral Rights
Louisiana succession (probate) is court-supervised. Small successions (under $125,000) have a streamlined procedure; larger estates use full succession opening.
- Governing statute
- La. C.C.P. Articles 2811–2812 (Successions)
- Administered by
- District court (succession division)
Key points for Louisiana probate of mineral rights
- Small succession (under $125,000): streamlined ex parte procedure.
- Standard succession: court-supervised, with inventory and judgment of possession.
- Out-of-state decedents need ancillary succession in LA to perfect mineral title.
- No state estate or inheritance tax.
- The judgment of possession is the document that transfers mineral title to the heirs and is what operators want to see for division-order updates.
How this affects selling your Louisiana mineral interest
Pointer can close on LA minerals after the judgment of possession or before with appropriate escrow. We coordinate with your succession attorney directly.
Michigan — Probate of Mineral Rights
Michigan probate runs through dedicated county-level probate courts under EPIC, the state's Estates and Protected Individuals Code adopted in 2000. EPIC distinguishes between "informal" and "formal" administration — most uncontested mineral estates use informal proceedings, which avoid most court hearings and let the personal representative administer the estate by application rather than petition.
- Governing statute
- MCL § 700.1101 et seq. (Estates and Protected Individuals Code, "EPIC")
- Administered by
- Probate court (county-level)
Key points for Michigan probate of mineral rights
- Informal proceedings are the default for uncontested estates and skip most court hearings.
- Formal administration is used when there is a will contest, creditor dispute, or non-resident decedent.
- Standard probate: 6–12 months for mineral-only estates; informal proceedings can close in under 6 months.
- Small-estate procedure (MCL § 700.3982) for personalty under $50,000 (indexed periodically).
- No state estate or inheritance tax. Out-of-state decedents need ancillary administration in the Michigan county where the minerals lie.
How this affects selling your Michigan mineral interest
Pointer can close on Michigan minerals via small-estate procedure or post-probate; we coordinate with the personal representative during open administration.
Mississippi — Probate of Mineral Rights
Mississippi is the only U.S. state where probate runs through the chancery court rather than a dedicated probate or circuit court. The chancery court has plenary equity jurisdiction, which means the same court that admits the will also clears clouded title, partitions undivided interests among heirs, and resolves any related real-property disputes — useful for mineral interests where title and inheritance issues often surface together.
- Governing statute
- Miss. Code Title 91 (Wills and Administration of Estates)
- Administered by
- Chancery court of decedent's county of domicile
Key points for Mississippi probate of mineral rights
- Chancery court has plenary equity jurisdiction over estates, including authority to clear title and partition real-property interests.
- Letters of administration or testamentary are issued by the chancery clerk after will admission or appointment.
- Standard probate: 6–12 months for uncontested mineral-only estates; chancery dockets are generally faster than circuit court.
- No state estate or inheritance tax. Federal estate tax applies only above the federal exemption.
- Out-of-state decedents need ancillary administration in the Mississippi chancery district where the minerals lie before title can be perfected.
How this affects selling your Mississippi mineral interest
Pointer closes on Mississippi minerals concurrent with or after chancery proceedings; we coordinate filings with the relevant chancery clerk at our cost.
Montana — Probate of Mineral Rights
Montana follows the Uniform Probate Code with informal and formal options. Most uncontested mineral-only estates use informal probate.
- Governing statute
- Mont. Code Ann. Title 72 (Probate)
- Administered by
- District court of decedent's county of domicile
Key points for Montana probate of mineral rights
- Informal probate: 3–6 months for uncontested estates.
- Formal administration when contested.
- No state estate or inheritance tax.
- Out-of-state decedents need ancillary procedures in MT.
How this affects selling your Montana mineral interest
Pointer can close on Montana minerals via small-estate affidavit, informal probate, or post-formal-administration.
New Mexico — Probate of Mineral Rights
New Mexico offers an unusually flexible probate menu: full formal administration, informal probate (no court hearings unless contested), and small-estate affidavits. For most mineral-only estates, informal probate or the small-estate affidavit is sufficient.
- Governing statute
- NMSA Chapter 45, Article 3 (Probate)
- Administered by
- District court of decedent's county of domicile
Key points for New Mexico probate of mineral rights
- Informal probate (NMSA § 45-3-301): no hearing if uncontested. Typical timeline 3–6 months for a mineral-only estate.
- Formal administration (NMSA § 45-3-401) is required only if the will is contested or the estate is complicated by debts or competing claims.
- Small-estate affidavit (NMSA § 45-3-1201): use when total estate is under $50,000. No court involvement at all.
- New Mexico has no state estate or inheritance tax.
- Federal estate-tax exposure is generally limited to estates above the high federal exemption.
How this affects selling your New Mexico mineral interest
Pointer can close concurrent with an open New Mexico probate. We frequently close mineral interests where the personal representative has authority but the probate has not yet wrapped up.
North Dakota — Probate of Mineral Rights
North Dakota follows the Uniform Probate Code closely. Informal probate is available for uncontested estates; formal administration is required only if contests or complications arise.
- Governing statute
- NDCC Title 30.1 (Uniform Probate Code)
- Administered by
- District court of decedent's county of domicile
Key points for North Dakota probate of mineral rights
- Informal probate: no court hearings unless contested; typical timeline 3–6 months.
- Formal administration: required when contested or when the personal representative needs court guidance on creditor claims or asset distribution.
- Small-estate affidavit (NDCC § 30.1-23-01) for estates under $50,000.
- ND has no state estate or inheritance tax.
- For inherited Bakken interests, the most common title cleanup is the lapse-statute statement of claim, not the probate itself.
How this affects selling your North Dakota mineral interest
Pointer can close concurrent with an open ND probate. Many of the inherited Bakken interests we buy come from estates where probate has been completed and only the mineral title is being conveyed.
Ohio — Probate of Mineral Rights
Ohio probate is court-supervised. Typical mineral-only estate closes in 6–12 months. The release-from-administration shortcut is widely used for small or mineral-only estates.
- Governing statute
- Ohio Rev. Code Chapter 2113 (Probate Procedure)
- Administered by
- Probate Court of decedent's county of domicile
Key points for Ohio probate of mineral rights
- Release from administration (R.C. § 2113.03) — no full probate, suitable for many mineral-only estates.
- Standard probate: court-supervised, with inventory and accounting.
- Out-of-state decedents need ancillary administration in OH to perfect mineral title.
- No state estate tax (eliminated in 2013).
- For Utica-area mineral estates, the most common practical issue is the DMA preservation status, not the probate itself.
How this affects selling your Ohio mineral interest
Pointer can close concurrent with an open Ohio probate. We coordinate with the personal representative on operator division-order updates.
Oklahoma — Probate of Mineral Rights
Oklahoma probate is court-supervised and slower than Texas — typical full administration runs 9–18 months. The summary "Small Estates" procedure under § 241 is available for estates of less than $50,000 personalty and is often used for mineral-only estates.
- Governing statute
- Okla. Stat. tit. 58 (Probate Procedure)
- Administered by
- District court of decedent's county of domicile
Key points for Oklahoma probate of mineral rights
- Full administration: court-supervised, with inventory and accounting. Typical mineral-only timeline: 9–12 months at minimum.
- Summary administration (Okla. Stat. tit. 58 § 245) is available when the estate value is below $200,000 — significantly faster and cheaper.
- Oklahoma allows non-resident personal representatives, but they must accept service in Oklahoma — typically by appointing the Secretary of State as agent.
- Forced-pooling proceeds at the OCC are often paid to suspense pending probate; opening even a summary administration restarts the cash flow.
- Oklahoma has no state estate tax. Federal estate tax applies only above the high federal exemption, so most mineral-only estates owe none.
How this affects selling your Oklahoma mineral interest
Pointer can close on an Oklahoma mineral interest concurrent with an open probate, with the proceeds distributed by the personal representative under court order. Have your probate attorney coordinate.
Pennsylvania — Probate of Mineral Rights
Pennsylvania probate is administered through the Register of Wills, with the Orphans' Court providing supervisory jurisdiction. Mineral-only estates are typically straightforward but slowed by Pennsylvania's inheritance-tax filing requirement.
- Governing statute
- 20 Pa.C.S. Chapter 31 (Probate)
- Administered by
- Register of Wills + Orphans' Court Division
Key points for Pennsylvania probate of mineral rights
- Standard timeline for an uncontested mineral-only estate: 6–12 months.
- Inheritance tax (REV-1500) must be filed within 9 months of death; payment of inheritance tax must occur (or be secured) before the personal representative can fully distribute.
- Letters testamentary or letters of administration must be obtained from the Register of Wills before the personal representative can act on the operator's division order.
- Out-of-state decedents owning PA minerals typically need an ancillary administration in PA to perfect title.
- Federal estate tax applies only above the high federal exemption.
How this affects selling your Pennsylvania mineral interest
Pointer can close on PA minerals before probate completes by paying into escrow until the personal representative is authorized — useful when the family wants to lock in a price during a market window.
Texas — Probate of Mineral Rights
Texas favors independent administration, which lets a personal representative administer the estate without ongoing court supervision once the will is admitted. For mineral-only estates, the cheaper alternative is muniment of title — admitting the will to probate solely to perfect a chain of title without opening a full administration.
- Governing statute
- Tex. Estates Code Title 2 (Independent Administration)
- Administered by
- County probate court (statutory probate court in major counties)
Key points for Texas probate of mineral rights
- Independent administration (Tex. Estates Code Chapter 401) skips the bond, inventory-court-approval, and recurring accountings of dependent administration — typical mineral-only estates close within 4–9 months.
- Muniment of title (Tex. Estates Code Chapter 257) is available when the only assets are the minerals and there are no unpaid debts other than secured debt — total cost is often under $1,500.
- If no will exists and no court-supervised administration is needed, an affidavit of heirship under § 203.001 is the standard non-judicial path (see heir-property page).
- Probate is filed in the county where the decedent was domiciled, not where the minerals sit — for an out-of-state decedent, an ancillary probate or foreign-probate exemplification handles the Texas mineral title.
- Texas does not impose a state estate tax. The federal estate tax exemption is high enough that most mineral-only estates owe nothing federally either.
How this affects selling your Texas mineral interest
A pending or completed Texas probate does not block sale — Pointer can close concurrent with the probate or before it on indemnity. We work with your probate attorney directly.
Utah — Probate of Mineral Rights
Utah follows the Uniform Probate Code, which gives personal representatives two paths: informal probate (used for the great majority of uncontested estates) and formal administration (used only when there is a will contest, creditor dispute, or non-resident decedent). Informal probate skips the recurring court hearings of older common-law systems.
- Governing statute
- Utah Code Title 75 (Utah Uniform Probate Code)
- Administered by
- District court of decedent's county of domicile
Key points for Utah probate of mineral rights
- Informal probate is the default for uncontested estates; the personal representative is appointed by the registrar without a hearing.
- Formal administration is used when contested or when ancillary jurisdiction is required for an out-of-state decedent.
- Standard timeline: 3–6 months informal; 6–12 months formal.
- Small-estate affidavit alternative under $100,000 (Utah Code § 75-3-1201) avoids letters entirely.
- No state estate or inheritance tax. Out-of-state decedents need ancillary administration in the Utah district where the minerals lie.
How this affects selling your Utah mineral interest
Pointer can close on Utah minerals via small-estate affidavit, informal probate, or post-formal-probate, depending on the estate posture.
West Virginia — Probate of Mineral Rights
West Virginia probate runs through the County Commission rather than a separate probate court. Typical mineral-only estates close in 4–9 months.
- Governing statute
- W. Va. Code § 41-3-1 et seq.
- Administered by
- County Commission of decedent's county of domicile
Key points for West Virginia probate of mineral rights
- Letters of administration or testamentary issued by the County Commission Clerk.
- Small-estate procedure (W. Va. Code § 44-3a-19) for personalty under $100,000.
- Out-of-state decedents need ancillary administration in WV to perfect mineral title.
- No state estate or inheritance tax.
- WV-specific issue: severed mineral interests from late-1800s grants often involve multiple unrecorded conveyances; full title clean-up may require quiet-title litigation in addition to probate.
How this affects selling your West Virginia mineral interest
Pointer can close concurrent with WV probate or after, including funding inheritance-tax obligations through closing escrow when needed.
Wyoming — Probate of Mineral Rights
Wyoming probate is court-supervised. The summary distribution and distribution-by-affidavit procedures handle most mineral-only estates without full administration.
- Governing statute
- Wyo. Stat. Title 2
- Administered by
- District court of decedent's county of domicile
Key points for Wyoming probate of mineral rights
- Distribution by affidavit (under $200,000 personalty) is the primary low-cost path.
- Standard probate: 6–12 months for an uncontested mineral-only estate.
- No state estate tax.
- Out-of-state decedents need ancillary procedures to perfect WY mineral title.
How this affects selling your Wyoming mineral interest
Pointer can close on Wyoming minerals via affidavit, summary distribution, or post-probate. We coordinate with your probate attorney directly.