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Inherited Mineral Rights in Big Horn County, Montana

If you inherited mineral rights in Big Horn County, Montana, you likely own a portion of the subsurface estate in the southwestern reach of the Powder River Basin. Big Horn County has a long history of oil and gas activity and sits in an area where conventional production has been ongoing for decades. Many families in this county hold inherited mineral interests on ranch and agricultural land that were separated from the surface years ago. This page explains how to confirm what you own, how minerals are valued here, and what options are available to you.

Big Horn County stretches across southeastern Montana and is part of the broader Powder River Basin mineral estate, with production history dating back many years.

What Are Inherited Mineral Rights in Big Horn County?

Inherited mineral rights in Big Horn County represent ownership of subsurface resources that were separated from surface ownership and passed down through an estate.

Common components include:


  • Oil and natural gas interests in conventional formations

  • Coalbed methane interests in shallow coal seams

  • Rights to lease minerals to an energy operator

  • Rights to receive royalty payments if wells produce

  • The ability to participate in future leasing or development


Mineral rights are separate from the surface. You may own minerals without owning the surface land, and many owners discover this through royalty checks, paperwork, or unsolicited offers.

Why Big Horn County Is Unique for Mineral Owners

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Big Horn County is part of the Powder River Basin, one of the most important energy basins in the western United States.

Key characteristics:


  • Located in the southwestern portion of the Montana Powder River Basin

  • Long history of conventional oil and gas production in multiple formations

  • Coal deposits are extensive throughout the county

  • The Montana side of the basin has generally seen less horizontal unconventional drilling than Wyoming, but the potential remains

  • Split estate situations are very common — many landowners own the surface but not the minerals

  • Mineral ownership is frequently fragmented across generations of ranch families


Major formations in the area include:


  • Shannon Sandstone

  • Muddy Sandstone

  • Niobrara

  • Frontier

  • Fort Union (coalbed methane)

  • Mowry


Operators active in the broader basin have included:


  • EOG Resources

  • Devon Energy

  • Continental Resources

  • Various private and regional operators


Because Big Horn County sits on the western edge of the Montana basin, its mineral values are influenced by both local production history and the broader trajectory of Powder River Basin development.

How to Confirm What You Own in Big Horn County

Before making any decisions, it is critical to confirm exactly what you inherited.

Step 1: Gather documents

Collect estate paperwork, deeds, wills, or probate records that mention mineral interests.


Step 2: Check county records

Visit the Big Horn County Clerk and Recorder to locate recorded deeds, legal descriptions, and mineral separations.


Step 3: Identify the legal description

Note township, range, and section for each parcel or mineral tract.


Step 4: Clarify interest type

Determine whether the interest is a mineral fee title, royalty interest, or overriding royalty interest.


Step 5: Review spacing and pooling orders

Check whether your land is included in active or past spacing units. Contact the Montana Board of Oil and Gas Conservation for details.


Being thorough at this stage prevents confusion later and ensures you know what rights and interests you actually hold.

Do You Need Probate to Sell Mineral Rights in Big Horn County?

In most cases, yes.


Montana buyers will require a clear title before completing a purchase. If the prior owner passed away and the minerals were not properly recorded in your name, probate is typically required to formally transfer ownership. Montana also recognizes Transfer on Death Deeds (TODDs) as a method to avoid probate for real property including mineral interests, but only if one was recorded before the owner's death.

Probate helps:


  • Establish a clear chain of title

  • Protect buyer and seller from future disputes

  • Ensure payments go to the correct heirs


If you live out of state and the minerals are in Montana, ancillary probate in Montana may be required even if the estate was probated elsewhere.

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How Mineral Rights Are Valued in Big Horn County

Mineral rights in Big Horn County are valued based on several county-specific factors:


  1. Whether the minerals are producing or non-producing

  2. Proximity to active wells or areas of current drilling interest

  3. Targeted formations and depth of potential production zones

  4. Operator presence and lease activity in the county

  5. Net mineral interest size and royalty rate

  6. Lease status and remaining terms

  7. Potential for future development as basin-wide activity evolves


Inherited mineral rights in Big Horn County can carry value even if not currently producing, particularly as operator interest in the broader Montana basin continues to develop.

Lease vs Sell in Big Horn County

Common Issues for Big Horn County Mineral Owners

Mineral owners in Big Horn County frequently face similar challenges:


  • Title issues due to missing probate or unclear transfers

  • Split estate confusion — owning minerals but not the surface

  • Fractional ownership spread across multiple heirs on old ranch land

  • Legacy coalbed methane wells with declining or no production

  • Difficulty determining whether minerals are currently leased

  • Out-of-state heirs who are unaware of Montana probate and recording requirements


Big Horn County and the Powder River Basin

Big Horn County is part of the Powder River Basin, one of the core energy regions in the United States. Basin activity, spacing changes, and evolving operator strategy all influence mineral values over time. Understanding your position within this context helps you evaluate options with greater clarity.


To learn more about inherited mineral rights across the region, see our Powder River Basin page.

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Simple Next Steps

  • Confirm exactly what mineral rights you own

  • Gather deeds, probate documents, and any royalty statements

  • Identify legal descriptions, interest type, and net ownership

  • Determine whether the minerals are leased, producing, or undeveloped

  • Evaluate whether leasing, holding, or selling aligns with your goals

FAQ — Big Horn County

How do I know if I inherited mineral rights in Big Horn County, Montana?

Check estate documents, wills, or probate records for any mention of mineral interests. You can also visit the Big Horn County Clerk and Recorder to search for recorded deeds or mineral separations tied to your family's land.

Are inherited mineral rights in Big Horn County worth anything if no wells are producing?

Yes. Non-producing mineral rights can still hold value if they are located in formations that are active elsewhere in the Powder River Basin or if development expands into the area. Location and formation type are both important factors.

Do I need probate to sell mineral rights in Big Horn County?

In most cases, yes. Montana buyers typically require clear title before completing a purchase. If the previous owner passed away and the minerals were not formally transferred, probate is usually required. Out-of-state heirs may need to file ancillary probate in Montana.

What formations are active in Big Horn County?

Key formations in and around Big Horn County include the Shannon Sandstone, Muddy Sandstone, Niobrara, Frontier, Mowry, and Fort Union coals. Both conventional oil production and coalbed methane have been present in the county historically.

Should I lease or sell my inherited mineral rights in Big Horn County?

Leasing keeps ownership and generates income over time but comes with price volatility. Selling provides a lump sum and removes ongoing management. The right choice depends on your financial goals, the size of your inherited mineral rights, and current market conditions.

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