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