Abandonment

Even if mineral rights have been previously sold on your property, they could be expired. There is no one answer to how long mineral rights may last. Each mineral rights agreement will have different terms.

Not owning the mineral rights to a parcel of land doesn't mean your property is worthless. If someone else owns the mineral rights and they sell those rights to an individual or corporation, you can still make a profit as the surface rights owner.

Severance can occur in a number of ways, including an express transfer or lease of the mineral estate separate from the surface estate, or a reservation of the mineral estate to the Seller in a deed for the conveyance of a property.

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

Mineral rights must be transferred to heirs before any transactions related to them can take place. Unlike a home, which can be sold by an estate, mineral rights must be transferred before any sale. Mineral rights can be transferred to rightful heir(s) or to a trust through a mineral deed.

You have no idea how troublesome it is to probate wills decades after the person died so that the oil company will pay royalties to the heirs. But if you push they will pay per the state statutes. So, if you had no siblings, your state statute probably says that you inherit from your mother.