Legal Question in Wills and Trusts in Kentucky

Mineral rights for property in Wyoming

My mother died recently. The only asset in her estate was non-income producing mineral rights for 120 acres in Wyoming. Is it necessary to take this to probate?


Asked on 8/19/04, 10:39 am

2 Answers from Attorneys

Re: Mineral rights for property in Wyoming

Your message indicates that you live in Illinois, but the important question is "where did you your mother reside at the time of her death?"

I assume that it is Kentucky since the question is marked as Kentucky law and the property is located in Wyoming.

If this is true, you will need to re-address your question to a Kentucky attorney for a more complete answer to your question according to laws of Kentucky.

In general, however, each state has a set limit of assets that a person may possess at the time of death, under which there is no requirement to open a probate estate (unless the person dies without a will, or somebody contests the will, etc.).

In Illinois the "small estate" amount is $50,000.00.

If the land is worth less than the small estate amount in the state in which she died, then you may be able to dispose of the land without opening a probate estate. However, there are a lot of unanswered questions here.

In order to obtain a complete and appropriate answer, you should have an attorney review all of the information you have on your mother's assets, her will and other estate planning documents (if any), and the laws of the state in which she died.

Good luck to you.

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Answered on 8/19/04, 11:52 am
A Woodson Pulliam Pulliam Law Office

Re: Mineral rights for property in Wyoming

Because this is not in Kentucky, you will need to consult an attorney in the state where your mother died.

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Answered on 8/27/04, 4:32 pm


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