Landnews

West Virginia Mineral Transfers

  • 1.  West Virginia Mineral Transfers

    Posted 24 days ago
    Question:

    I have a client that sent me the following message regarding properties in West Virginia.  Are there any West Virginia landmen, attorneys, etc. that can advise on this issue?  Much appreciation in advance.

    "We have an owner that passed away and her will and letters of testamentary were all provided to us and recorded at the county courthouse but the son did not include a document transferring the mineral interests. He called the Assessor's office in Lincoln County and he thought since the will was recorded that meant all her property had been transferred. I told him it's usually a deed, or assignment unless they've changed the law. I wasn't sure on the exact wording of the document used when the owner has passed away. I provided him the legal description from the 1929 lease to help someone track it down for him.

     

    Most of the people in West Virginia who have provided us documents in the past did estate planning prior to passing away and provided deeds or transfer orders. Because of Covid-19 and the difficulty of getting in the Courthouse the son is completely confused as to what to ask for or how to go about it. I told him in the past the county courthouse had land people you could hire to do that sort of thing or a lawyer. Do you know which document I should tell him to specifically request or does it change based on circumstance? I thought it changed based on estate or a land person/lawyer would have to look at the documents involved to decide what document was best used. Would it be okay to accept a quit claim deed on oil and gas interest in West Virginia?"

     

     

     


    Attachments area


    Dee Ann Allen, RPL
    Allen Ranch Resources LLC
    P.O. Box 3794, McAlester, OK  74502 . (918) 421-1606

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  • 2.  RE: West Virginia Mineral Transfers

    Posted 22 days ago
      |   view attached
    I believe the Assessor is referring to the State Tax Commissioner's Sales Listing Form (attached) that must be provided with a deed or instrument conveying a real property interest in West Virginia.  The form is not actually filed of record with the document but used to update/transfer real property assessment records.  In West Virginia, if the mineral estate is owned separate from the surface estate, West Virginia property tax law requires that ownership be assessed and proportionate property taxes paid.  This is different than most other states where severed oil and gas interest is not subject to ad valorem property taxes.  If taxes are not paid, the delinquent or non-assessed mineral interest may be sold at tax sale just like any other real estate. The Sales Listing Form does not "convey" the minerals and is related to tax assessment only.  The LWT would convey the mineral interest with or without the form assuming it was  probated, specific to minerals/real property, etc. If the decedent's mineral interest is currently assessed then your work is easy to update the assessment records providing documentation of the probated LWT.  If the mineral interest is not assessed or entered on the books then you will need to provide source of title, interest owned, etc. and possibly a title opinion or letter from a licensed WV attorney confirming the interest owned for assessment purposes.

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    Kevin Pierson
    Bryson Kuba, LP
    Highland Village TX
    (469) 767-7262
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    Attachment(s)

    pdf
    SalesListingFormFillin.pdf   108 KB 1 version


  • 3.  RE: West Virginia Mineral Transfers

    Posted 22 days ago
      |   view attached
    As a general rule, the probate and transfer of minerals should be filed in the county where the minerals are located.
    The company paying the royalties can advise you on their requirements from their Division Order Department.

    I am semi-retired but spend time in West Virginia as my wife works in Hazard in the county of Perry.

    If you need title, copies or filings at reasonable rates in West Virginia or nearby states contact me by email or phone text message 281-386-9039/2813869037
    TomBlakley@gmail.com

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    Tom Blakley
    Katy TX
    (281) 386-9039
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    Attachment(s)



  • 4.  RE: West Virginia Mineral Transfers

    Posted 22 days ago
    Thank you Tom Bailey for your input and time.  I will forward your information to my client.  I have received several responses and I can't thank you all enough.  We have a wonderful support group - blessings for a great day - and those of us here in Oklahoma - stay warm...it's going to be a frigid week.

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    Dee Allen RPL
    Allen Ranch Resources LLC
    Mcalester OK
    (918) 421-1606
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  • 5.  RE: West Virginia Mineral Transfers

    Posted 20 days ago
    Dee:

    In order for tax tickets to get updated, the minerals must be listed on the Appraisement.  If they are not listed, some courthouses will make you re-open probate.  The Will is the conveying document, no deed is required.  Have a blessed day.

    Mike
    Michael J. Potter, PLS
    Fountainview Enterprises
    609 Forest Hill Drive
    Lexington, KY 40509
    859-533-4649
    mpotter@mymetronet.net



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    Michael Potter
    Nytis Exploration Company, LLC
    Lexington KY
    (859) 533-4649
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  • 6.  RE: West Virginia Mineral Transfers

    Posted 20 days ago
    Thank you