Inherited Mineral Rights in the Bakken Basin
If you inherited mineral rights in the Bakken Basin, you likely own oil and gas interests in one of the most important shale oil regions in the United States. Many families inherit mineral rights in North Dakota and Eastern Montana without realizing what they own, where the minerals are located, or what options they have.
The Bakken Basin has produced billions of barrels of oil and continues to generate royalty income for mineral owners. That means inherited mineral rights in this basin can carry real value, even if production has slowed in some areas.
This page explains how inherited mineral rights work specifically in the Bakken Basin, how to confirm what you own, how value is typically determined, and when selling inherited mineral rights might make sense.
What Are Inherited Mineral Rights in the Bakken Basin?
Inherited mineral rights in the Bakken Basin are ownership interests in subsurface oil and gas that pass to heirs through an estate.
These rights are separate from surface ownership. You can inherit mineral rights in McKenzie County or Mountrail County without owning any land there.
Most mineral rights in the Bakken were originally tied to farmland and ranches. Over time, families sold the surface but retained the minerals, which were then passed down through multiple generations.
Many heirs first learn about these rights when:
Royalty checks arrive
A landman contacts them
They receive purchase offers
Probate uncovers the assets
Why the Bakken Basin Is Unique
The Bakken is one of the original U.S. shale plays and helped prove that horizontal drilling could unlock massive oil reserves.
Key characteristics:
Located primarily in western North Dakota and eastern Montana
Thousands of horizontal oil wells
Oil-dominant production
Long lateral drilling programs
Large concentration of fractional mineral ownership
Major formations in the basin include:
Bakken
Three Forks
Middle Bakken
Operators active in the basin have included:
Continental Resources
Hess
EOG Resources
Whiting Petroleum
ConocoPhillips
ExxonMobil
Devon Energy
Because the Bakken developed heavily between 2008 and 2016, much of the basin is now mature, but infill drilling, refracs, and secondary development continue.
How to Confirm What You Own in the Bakken Basin
Before making any decisions, it is critical to confirm exactly what you inherited.
Step 1: Identify the county
Most Bakken mineral rights are located in counties such as:
McKenzie County, ND
Mountrail County, ND
Williams County, ND
Dunn County, ND
Stark County, ND
Burke County, ND
Richland County, MT
Roosevelt County, MT
Sheridan County, MT
The county determines where ownership records are stored.
Step 2: Find the legal description
Mineral rights in North Dakota and Montana are typically described using:
Township
Range
Section
This information is found on deeds, leases, and division orders.
Step 3: Determine if the interest is producing
If you receive royalty checks, the interest is producing. If not, it may still have value depending on nearby drilling activity.
Step 4: Confirm title
Ownership is determined by county records, not family assumptions. Many Bakken mineral interests were never formally transferred after multiple generations.
Do You Need Probate to Sell Inherited Mineral Rights in North Dakota?
Usually, yes.
To sell inherited mineral rights in North Dakota or Montana, a buyer typically needs clear proof of ownership. That usually requires:
Probate of the prior owner’s estate
Transfer through a trust
Recorded affidavit of heirship in limited cases
If there are multiple heirs, all parties usually must sign.
Clear title affects:
How fast a deal closes
Whether a buyer proceeds
Final valuation
How Inherited Mineral Rights Are Valued in the Bakken Basin
There is no fixed price per acre. Value depends on several basin-specific factors.
The biggest value drivers
1) Producing vs non-producing
Producing rights are valued based on current and projected cash flow.
2) Location within the basin
Core counties like McKenzie and Mountrail usually carry higher value than fringe areas.
3) Remaining drilling locations
Areas with undeveloped spacing still carry upside.
4) Operator activity
Permits and nearby drilling often matter more than oil prices.
5) Your exact interest size
Most inherited interests are fractional and must be measured precisely.
Lease vs Sell in the Bakken Basin
Many Bakken mineral owners sell because the basin is mature and long-term growth is more limited than newer shale plays.
Common Issues for Bakken Basin Heirs
Inherited mineral rights in the Bakken often involve:
Multiple generations of heirs
Missing probate records
Unknown net acreage
Old leases still active
Suspended royalties due to title gaps
These issues are common and fixable, but unresolved title almost always reduces value.
Counties in the Bakken Basin
Each county page below covers inherited mineral rights for that specific area.
McKenzie County, North Dakota
Mountrail County, North Dakota
Williams County, North Dakota
Dunn County, North Dakota
Stark County, North Dakota
Richland County, Montana
Roosevelt County, Montana
Sheridan County, Montana
Each county page links back to this basin page and includes local operator activity and ownership patterns.
FAQ: Bakken Basin
What are inherited mineral rights in the Bakken Basin?
Inherited mineral rights in the Bakken Basin are ownership interests in oil and gas that pass to heirs through an estate.
Are inherited mineral rights valuable in the Bakken Basin?
They can be. Value depends on production status, location, remaining drilling potential, and the size of the inherited interest.
Can I sell inherited mineral rights in North Dakota?
Yes, but buyers usually require probate or recorded estate documents to confirm ownership.
Do mineral rights in the Bakken produce royalties?
Many do. The Bakken has thousands of producing oil wells.
How do I know what I inherited?
You need to review county records, legal descriptions, and any royalty statements.
Is the Bakken Basin still active?
Yes. While peak drilling has passed, infill drilling and redevelopment continue across core areas.