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inheritance laws in North Dakota

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#1 BetteBoop


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Posted 30 December 2009 - 11:58 AM

I inherited mineral rights in North Dakota, a well has been drilled and is producing.  My Mother was left the mineral rights, died and left them to me.  The title examiner is telling me I have to initiate probate of her will in North Dakota ***** county, but she died 15 years ago in Minnesota.  She was a life long resident of Minnesota and had no assets when she died so her will didn't need to be probated here.  The aunt her left her the mineral rights also lived and died in Minnesota.  Do I have to probate in North Dakota after all this time in order to be paid by the oil company?

[This post was edited to remove personal and identifying information.-FindLaw_Kourosh]

#2 knort4


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Posted 31 December 2009 - 02:57 AM

No, you do not have to probate it there but the point is that probate needs to be done SOMEWHERE so that there is an official record of probate proceedings and so that the executor can be able to distribute the royalties to the legal heirs.

#3 Fallen


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Posted 31 December 2009 - 05:13 AM

Actually, even if you opened probate where she lived and died, that doesn't mean that an ancillary probate proceeding wouldn't have to be opened in ND to address the ND asset. 

Consult with an ND estate-probate attorney.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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