Legal Question in Real Estate Law in California

Re: Transferring mineral rights

The executor of the will needs to execute a deed and have it recorded in the appropriate California county.

Re: Transferring mineral rights

I am a little fuzzy on your facts. Do you mean mineral rights IN California?

If so, follow Mr. Stone's advice, and have deed executed and then file it in the appropriate county.

Re: Transferring mineral rights

I have done further research into this problem:

You need to obtain a Certificate of Qualification (as executors) from your local Circuit Court there in Virginia. If you have not already done so, both of you should make an appointment with the probate clerk and bring in the will and a certified copy of the death certificate. You might have to pay a tax which is about 0.10 per $1000 of assets. You would then receive a Certificate of Qualification. You would then retain a California attorney to do what is called "ancillary administration." You would send your California lawyer copies of the certified death certificate and certified Certificate of Qualification. The lawyer would then open a limited probate in California for the purpose of having the property transferred, there would be about a two month wait, then the lawyer would send you a draft of an executor's deed with respect to the mineral rights. You two would sign it in the presence of a notary public, send it back, and it would then be recorded at the Los Angeles County Recorder's Office.

Please do contact me again if you need help with any aspect of this.