When it comes to mineral rights and their inheritance in Arkansas, understanding the law governing their transfer and division is critical. If you are exploring whether you own mineral rights inherited from a deceased family member in Arkansas, the Arkansas statutes on wills and intestate succession provide the necessary legal framework. Here’s a concise guide to help you understand inheritance of mineral rights in Arkansas.
The Role of Wills in Controlling Mineral Rights
Under Arkansas law, a validly executed will is the primary document that dictates the disposition of a decedent’s assets, including mineral rights. Arkansas Code Annotated under Title 28, Chapter 25 provides that any person of sound mind and 18 years of age or older is eligible to make a will. This document must be executed properly, which involves being signed by the testator in the presence of at least two witnesses who are not beneficiaries.
If the deceased has left a will, the distribution of their assets, including mineral rights, will follow the stipulations laid out in that will. This means that the owner of the mineral rights had the freedom to choose who would inherit these rights upon their death. The caveat, however, is that will must be offered for probate in Arkansas within five years. If it is not, then intestacy controls except in very limited circumstances.
Intestate Succession: When There Is No Will
In cases where a person dies without a will, known legally as dying intestate, Arkansas’s intestate succession laws come into play. These laws are outlined in Title 28, Chapter 9 of the Arkansas Code Annotated, specifically under the Arkansas Inheritance Code of 1969. Here’s how it works:
- Direct Descendants: Initially, the estate, including mineral rights, passes directly to the decedent’s descendants—children, grandchildren, etc..
- Spousal Rights: If there are no descendants, the spouse inherits the entire estate provided the marriage lasted at least three years. If there is a surviving spouse and descendants, the spouse shares the estate with the descendants.
- Extended Family: In the absence of a spouse or descendants, the estate is distributed to parents, siblings, and further extended family in a specific order of priority.
- Escheat to the State: If no heirs can be found, the estate eventually escheats, meaning it reverts to the state of Arkansas.
Special Considerations - Tenancy by the Entirety: If mineral rights are owned jointly by spouses as tenancy by the entirety (both spouses are on the deed naming them as spouses), the surviving spouse automatically acquires the rights upon the death of the other spouse, bypassing the will or intestate succession laws.
Practical Steps to Establish Ownership
If you believe you have inherited mineral rights:
- Obtain the Death Certificate: You’ll need this to prove the date of death.
- Locate the Will or Probate Documents: Check with the local probate court where the decedent lived.
- Review Land Records: Mineral rights might be separately deeded or noted in land records.
- Consult an Attorney: Given the complexities of mineral rights and inheritance law, consulting with an attorney who practices mineral law in Arkansas is advisable.
Understanding whether you own inherited mineral rights in Arkansas hinges significantly on whether there is a will and, if not, how the laws of intestate succession apply. By following legal procedures and potentially seeking professional advice, you can clarify your ownership status and take any necessary actions to protect your rights.
Get Your Free, No-Obligation Evaluation of Your Mineral Rights
At Petro Creek Royalty, we specialize in assessing and purchasing inherited mineral rights in Arkansas. If you’ve inherited mineral rights or are unsure about your ownership status, we’re here to help with a comprehensive, free evaluation that comes with absolutely no obligation. Our team of experienced professionals will review your property details, analyze relevant market conditions, and provide a clear understanding of your mineral rights’ potential value. Should you decide to sell, Petro Creek Royalty can also extend a competitive bid tailored to your specific situation. Additionally, some of our offers include probate and title clearing services to simplify the process for you. Contact us today to start the evaluation process and explore your options with all the support you need.
Petro Creek Royalty is actively seeking to purchase mineral rights, oil and gas rights, oil and gas royalties, and royalty interests in Union County Arkansas, Columbia County Arkansas, Lafayette County Arkansas, Miller County Arkansas, Nevada County Arkansas, Jackson County Arkansas, White County Arkansas, Independence County Arkansas, Cleburne County Arkansas, Van Buren County Arkansas, Faulkner County Arkansas, Conway County Arkansas, Pope County Arkansas, Sebastian County Arkansas, Crawford County Arkansas, Yell County Arkansas. Your county not listed? Please inquire.
Disclaimer: This article is for informational purposes only and is not intended to serve as legal advice. If you require legal assistance or advice regarding your specific situation, please consult with a qualified attorney. Read the full Arkansas Wills and Inheritance code (Title 28, Subtitles 1-4) for yourself here.
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