How mineral rights pass under Kentucky probate law. Transfer process, affidavits of heirship, and Western Kentucky Illinois Basin specific considerations.
Get Your Free Mineral ValuationTL;DR How mineral rights pass under Kentucky probate law. Transfer process, affidavits of heirship, and Western Kentucky Illinois Basin specific considerations.
Kentucky treats mineral rights as real property. When the owner of a Kentucky mineral interest dies, the interest passes to heirs through Kentucky probate — either by will (testate) or by intestate succession under Kentucky Revised Statutes.
1. Locate the original mineral deed. Recorded at the county clerk where the property is located.
2. Open probate in the deceased's county of residence; ancillary probate in the Kentucky county where the minerals are located if the deceased was an out-of-state resident.
3. Record the new ownership at the Kentucky county clerk.
4. Notify the operator to update division orders and royalty payment.
Most Kentucky oil and gas mineral interests are in the Illinois Basin across Henderson, Daviess, Hopkins, Webster, Union, McLean, Ohio, Muhlenberg, and adjacent western Kentucky counties. Many are deeply fractionated through generations of inheritance.
Kentucky courthouse records are not always digitized; runsheet research often requires in-person courthouse work. This is a routine part of any Kentucky mineral rights closing.