Settling an estate
The estate holds minerals. Here is the executor’s order of work.
You are the executor or administrator, and somewhere in the papers are mineral rights in a West Virginia county, maybe several. They have to be found, listed, kept out of tax delinquency, collected on, and either passed to the heirs or sold once so the money can be split. This page puts those jobs in the order that saves the most trouble.
- Your job
- Find and list every interest, keep the taxes paid, collect what is owed to the estate, and move the minerals to the right people with the right paper.
- What takes the time
- Finding interests nobody knew about, and estates two generations back that were never settled.
- What this site does
- Finds what the records show, free, and explains the steps. It does not probate, appraise, or act for the estate.
The seven jobs, in order
Find every interest
Minerals hide. Start with tax tickets in the decedent’s name in every county they or their parents lived in, royalty check stubs, old deeds, and letters from companies. Then run a free screening on the decedent’s name and each county: it lists the interests the county records point to, including ones the family forgot.
Keep the tax tickets current
Tell each county assessor the owner has died and where to send the ticket, and ask the sheriff whether any year is unpaid. An estate that takes two years to settle is long enough for a mineral interest to go delinquent and be sold. Mineral taxes explains what to check.
List them in the appraisement
Mineral interests are real property and belong on the estate’s inventory with the county, district, tract, and fraction, as the records describe them. Where the estate needs a value, a producing interest is usually valued from its royalties and a non-producing one from the market; an appraiser does that, and research from a buyer, including ours, is not an appraisal.
Collect what operators are holding
If a well produces under any tract, the operator has either been paying the decedent or holding the money in suspense since the mail bounced. Call its owner relations desk with your letters of appointment; it pays the estate until the minerals are distributed. Search the state’s unclaimed property site too. Getting paid walks through it.
Settle who gets what
Under a will, the devisees named in it; without one, the heirs under West Virginia law, in shares. Where a grandparent’s estate was never settled, the decedent may only have owned a share of what the family assumed. The family tree review works that out with the evidence labeled.
Move the minerals with the right paper
The probated will or the recorded list of heirs is the document that connects the heirs to the decedent in the county records. Many fiduciaries also record a short deed from the estate to the heirs so the next title search is clean, and so the assessor and the operators change their records in one step. Ask the attorney handling the estate which is right here.
Distribute, or sell once and split
Five heirs can each receive a fraction and decide separately, or the estate can sell the whole interest and distribute cash. Selling from the estate needs authority in the will or from the court. Selling after distribution needs every heir’s signature. Either way, the written offer states what is being sold and to whom the money goes.
Documents the operators, the assessor, and a buyer will ask for
Questions owners ask
Do the minerals have to go through probate?
Real property passes to the heirs or devisees at death, but the county records, the operators, and the assessor need a recorded document that says who those people are: the probated will or the list of heirs. Without it, nobody can be paid, lease, or sell. The estate’s attorney will tell you what the county needs.
Can I sell the minerals as executor?
Only with authority: the will may grant it, or the court may. Otherwise distribute first and let the heirs decide. A buyer, including us, will ask to see the authority before a written offer.
How do I value minerals for the estate?
For a producing interest, from its royalty history; for a non-producing one, from what comparable interests sell for, which is hard to find publicly. An appraiser or an attorney familiar with mineral estates does this. A free screening tells you what exists and where; it is not an appraisal and we never present it as one.
The estate is out of state. Does West Virginia need its own proceeding?
Often an ancillary filing in the West Virginia county is needed so the will or heirship is on record where the minerals are. The estate’s attorney will know; a West Virginia attorney may need to handle the local step.
We cannot find all the heirs.
Shares still belong to them. Operators hold their money in suspense, and a buyer can only buy the shares of the people who sign. The family tree review documents who the missing heirs are and what evidence would locate them.