Legal Question in Wills and Trusts in Colorado
I am the executor for the estate of a man who died many years ago as a resident of California. He owned mineral rights to property in Colorado. The value of the mineral rights are approx. less than $10,000. The heirs want to keep the assets. Can I transfer the ownership of the mineral rights to the heirs using a "Proof of Death, Heirship" form, and avoid costly probate, since he owned no other assets in Colorado ?
2 Answers from Attorneys
Is the California probate estate still open? If it is then different procedures are necessary than if the estate is already closed. Also, since the decedent is not from Colorado, those issues will need to be addressed.
You may wish to consider a summary estate procedure where the estate is opened and closed almost simultaneously. Also, the heirs can open the estate themselves in Colorado since they are "interested persons" under the Colorado Probate Code, entitling them to petition the Court.
If the mineral rights are in production, I suggest that you contact the production company and see what is the most effective least expensive way to change the ownership rights. Otherwise since mineral rights are real property, you will need to set up an estate in California before you can get an ancillary estate in Colorado set up to transfer the mineral rights. The ancillary probate process is not expensive.