Legal Question in Wills and Trusts in California
my mother died 12 years ago with a will. There was no probate opened. I recently found out that my sister and I (the only heirs in the will and co-executors) were left mineral rights - but there is no grant deed to be found. The oil company is being evasive as to how much the proceeds would be but wants us to open probate and list the mineral rights as real property. this is the only thing that is still open, do we have to open probate now?
2 Answers from Attorneys
Yes you should open it in order to get court issued documents (Letters Testamentary) to give to the mineral rights company. There is a small estate affidavit under probate code section 13100 but it may be more expeditious to just start probate.
Oil is $100 a barrel and I would be in no hurry to give anything to anybody. You are, or someone someday is, going to have to go through probate to establish present-day ownership of the mineral rights. Consult an expert on buying and selling mineral rights before entering into negotiations with an oil company.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
