Full question:
I have a client whose mother owned mineral rights (natural gas) in Los Angeles County at the time of her death. Is there a particular form of deed for this? The mother didn't own the fee. The daughter (my client) probated the will in New Jersey, where her mother resided. So-do I need a specific form of 1) Executor's deed, and/or 2) Deed conveying only mineral rights? I have a good description, plus the probate information. The company which manages the property under which the asset lies says that they are fairly certain no California probate is involved, because of the relatively modest value of the asset. I've managed to get the information on how to effect the transfer to my client, but a deed is necessary. If you can find the form, and formalities of recording.
- Category: Oil Gas and Minerals
- Date:
- State: California
Answer:
Typically, a deed has to be recorded for the mineral rights in the county and state where the mineral rights are located. An executor's deed is commonly used to transfer real property interests of the deceased. In some cases, an ancillary probate administration is necessary when the property is located in another jurisdiction from the decedent's residence.
In many areas the sale of mineral rights are recorded in the government record in a separate deed book or database than the sale of surface property. Therefore, the deed to the surface property might not mention mineral rights that have been sold away.
I am prohibited from giving legal advice. The answer will depend on the exact nature of the right owned and who the underlying owner is. In the case of a purely financial interest, such an an overriding royalty interest, it may be possible to transfer by assignment. I suggest you call the county recorder's office in the county where the property is located, as procedures vary by county.
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