"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?"
1 Corinthians 2:5 ~ So that your faith might not rest in the wisdom of men, but in the power of God.
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.MikeMichael J. Potter, PLSFountainview Enterprises609 Forest Hill DriveLexington, KY email@example.com