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Affidavit of Heirship in Indiana: Mineral Rights Guide

Using an Indiana affidavit of heirship to transfer inherited mineral rights. When it applies and how to record at the county recorder.

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TL;DR Using an Indiana affidavit of heirship to transfer inherited mineral rights. When it applies and how to record at the county recorder.

When an Indiana Affidavit of Heirship Works

An affidavit of heirship in Indiana can serve as evidence of ownership transfer for inherited mineral rights when:

The estate is small enough that probate is unnecessary

The deceased died intestate or with a clearly executed will

Heirs are identifiable and undisputed

The operator and any title insurance underwriter accept the affidavit

Indiana Dormant Mineral Act Note

Indiana's 20-year Dormant Mineral Act creates additional urgency for heirs of Indiana mineral interests. Filing an affidavit of heirship and recording it at the county recorder helps preserve the interest by establishing recent ownership activity in the public record.

Filing the Affidavit

Drafted by an Indiana attorney

Signed by a disinterested affiant familiar with the family

Notarized

Recorded at the Indiana county recorder

Provided to the operator with division order request

Selling Inherited Indiana Mineral Rights

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Key Takeaways

  • Using an Indiana affidavit of heirship to transfer inherited mineral rights. When it applies and how to record at the county recorder.
  • Buckhead Energy is a direct buy-side firm; sellers pay no broker commissions, listing fees, or auction premiums.