Inherited Mineral Rights: What to Do Next

If you recently inherited mineral rights, you are not alone in feeling confused. Most people inherit minerals unexpectedly, often after a death in the family, and discover the paperwork is incomplete, the ownership is fractional, or the county records do not match what the family believed.

This page is designed to help you make smart decisions without getting overwhelmed. You will learn what inherited mineral rights are, how to confirm what you own, how the transfer process works, how value is typically determined, and when selling inherited mineral rights might make sense.

If you want help figuring out what you inherited, you can request a simple review of what you have and what the next step should be.

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What Are Inherited Mineral Rights?

Mineral rights are ownership of the minerals beneath the surface, most commonly oil and gas. When someone passes away, those rights can be transferred to heirs through an estate process.

What people often inherit is not “land,” but a mineral interest that may be separate from the surface. That is why someone can inherit minerals in a county they have never visited, and why royalty checks can show up even when nobody in the family owns the land.

Mineral Rights vs Royalty Interests

Mineral rights usually include:

The right to lease the minerals to an operator
The right to receive bonus and royalty under a lease
The right to negotiate lease terms (in many cases)

Royalty interests usually include:

The right to receive a share of production revenue
No leasing control (in many cases)

If you inherited “royalties,” you might only receive payments and not have the power to lease. If you inherited “minerals,” you may have leasing rights, depending on the deed history and any existing lease.

What To Do First After You Inherit Mineral Rights

If you do nothing else, do these first. This prevents wasted time and prevents you from making decisions with bad information.

1) Collect what you already have

Useful documents include:

Will, probate documents, or trust documents
Any recorded deeds or assignments
Prior lease documents
Division orders
Royalty check stubs
Any letters from operators or buyers

Do not worry if you only have some of these. Most heirs do.

2) Identify the county and state where the minerals are located

Mineral rights are recorded at the county level. The county is the starting point for confirming ownership.

3) Determine whether the interest is producing

Producing interests can generate royalties. Non-producing interests may still have value, especially in areas with drilling activity.

If you are receiving checks, that is a strong sign of production, but it does not automatically tell you what you own.

4) Confirm who is actually on title

Family stories are not title. County records matter. Many inherited mineral rights are split across multiple heirs over multiple generations, so the ownership can be small and fragmented

Do You Need Probate to Sell Inherited Mineral Rights?

Often, yes, but not always.

In general, a buyer (or operator) needs a clear chain of title before they will pay for mineral rights or update payments. That often means some form of estate documentation must be recorded.

Common pathways include:

Probate (formal court process)
Transfer through a trust (if properly documented)
Affidavit of heirship (varies by state and situation)
Small estate procedures (varies by state)

The right answer depends on the state, how the prior owner held title, and whether there are multiple heirs. If you are unsure, the safest approach is to treat the paperwork as part of the asset and get it organized before making big decisions.

How to Confirm What You Own

This is the part that feels intimidating, but it can be broken down.

Step 1: Find the legal description

Mineral rights are tied to a legal description. Depending on the state, that might be:

Township, Range, Section (common in many states)
Abstract and survey information (common in Texas)
Lot and block (less common for minerals)

If you have a division order or deed, it usually contains the legal description.

Step 2: Find the recorded deed trail (at least the last transfer)

County records often show:

The last deed into the prior owner
Any recorded transfers to heirs or trusts
Sometimes older deeds and reservations

It is common to discover that the minerals were reserved decades ago and have been transferred multiple times.

Step 3: Identify the net mineral acres or decimal interest

Royalties are usually paid based on a decimal interest. If you have checks, the stub sometimes shows a decimal or a “net revenue interest.” That can be used to estimate the underlying mineral interest, but it takes care to do correctly.

If you are not producing, the deed language and legal description are the primary tools.

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How Inherited Mineral Rights Are Valued

Location

Two properties in the same state can be worth very different amounts. Basin, county, and even a few miles can matter.

Producing vs non-producing

Producing minerals often have value based on cash flow. Non-producing minerals often have value based on future development potential.

Operator activity nearby

Active drilling and permitting is often a stronger signal than general “oil is up” headlines.

Your exact interest size

Most inherited mineral rights are fractional. A “small” interest can still be meaningful, but it must be measured precisely.

What “appraisal” usually means in minerals

Mineral valuation is usually a combination of:

Production and decline analysis (for producing interests)
Comparable sales (where available)
Development risk and timing assumptions (for non-producing interests)

If someone quotes a value without asking basic questions about location, production status, and your exact interest, treat that as a red flag.

Should You Lease or Sell Inherited Mineral Rights?

This depends on your goals, your risk tolerance, and what you actually inherited.

Leasing can make sense if:

You want long-term upside
The area is being developed
You can wait and you can handle uncertainty
You want to keep family ownership

Selling can make sense if:

You want certainty and liquidity
You do not want future administrative burden
The interest is small and spread across many heirs
You want to simplify an estate or avoid disputes
You prefer a lump sum instead of variable royalties

Many families choose a middle path. They sell part and keep part, or they keep minerals that are clearly producing and sell scattered non-producing interests that create paperwork with little benefit.

Common Mistakes Heirs Make

1) Signing something without understanding it

Some letters look official but are offers. Some “verification” requests are actually assignments. Read carefully.

2) Assuming a royalty check means you own a lot

Royalties can come from a very small decimal. Checks alone do not tell the full story.

3) Ignoring title until it becomes urgent

Title issues are easier to fix early than right before a sale or when an operator suspends payments.

4) Comparing offers without comparing what is being sold

Some offers are for the entire interest. Others are for a partial interest. Some are for minerals, others are for royalties. You can only compare offers apples to apples.

Basins We Cover

If your inherited mineral rights are located in one of these regions, use the basin page to get more specific context and next steps.

Each basin page links to the counties it covers, which makes it easy to find details for your specific location.

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How the Process Typically Works If You Want to Sell

Most legitimate transactions follow a sequence like this:

Basic information review (what you own, where it is, producing or not)
Title confirmation at a high level
Offer based on the asset type and risk
Purchase agreement and due diligence
Closing and payment

The timeframe depends on title clarity and the buyer’s process. If you have clear paperwork, things can move quickly. If the title is messy, it can still be done, but it often takes longer.

Simple Next Step

If you inherited mineral rights and want to understand your options, the fastest path is usually:

Identify the county and legal description
Confirm whether it is producing
Confirm who is on title
Then decide whether you want to keep, lease, or sell

If you want help, you can request a quick review so you are not guessing.

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FAQ

What are inherited mineral rights?

Inherited mineral rights are ownership interests in subsurface minerals, often oil and gas, that transfer to heirs through an estate after someone dies.

Can I sell inherited mineral rights?

Usually yes, but the heirs must be able to show clear ownership. That often requires probate or recorded estate documents before a buyer can close.

Do I need probate to sell inherited mineral rights?

In many cases, yes. Some situations allow alternatives like a trust transfer or an affidavit of heirship, but it depends on the state and how title is held.

How do I know if inherited mineral rights are producing?

If you receive royalty checks, that suggests production, but you still need to confirm the legal description and the operator. If you do not receive checks, production might still exist, but it requires research.

How much are inherited mineral rights worth?

Value depends on location, producing status, operator activity, title clarity, and the size of your interest. Some are worth a few thousand dollars, others can be worth much more.

What is the difference between mineral rights and royalty interests?

Mineral rights often include leasing control and the right to negotiate lease terms. Royalty interests typically receive a share of production revenue without leasing control.