Can mineral title transfer through an affidavit of death and heirship?

Full question:

Can mineral title be passed through an Affidavit of Death an Heirship if filed of recorded along with the death certificate?

  • Category: Wills and Estates
  • Subcategory: Small Estates Affidavit Law
  • Date:
  • State: Wyoming

Answer:

The ability to transfer mineral interests through an Affidavit of Death and Heirship depends on the value of those interests. In Wyoming, if a person who owns real property, including mineral interests, dies and their entire estate (including personal property) is valued at one hundred fifty thousand dollars ($150,000.00) or less, the distributees can file an application for a decree in the district court of the county where the property is located. This application can be filed no sooner than thirty (30) days after the decedent's death. The court will then consider the application after a notice is published once a week for two (2) consecutive weeks in a local newspaper, or as the court may direct.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An affidavit of heirship for mineral rights is a legal document that establishes the heirs of a deceased person who owned mineral interests. It outlines the relationship of the heirs to the decedent and is used to transfer ownership of those mineral rights without going through probate, provided the estate meets certain value criteria.