My mother passed away. The main asset was in a trust. There was no probate. All remaining assets covered in a pour over will. We wish to tra...

Question

My mother passed away. The main asset was in a trust. There was no probate. All remaining assets covered in a pour over will. We wish to transfer mineral rights(low value) from mother to beneficiaries. What documentation does a county in Colorado require?

Answer

If the mineral rights were owned in the trust, then you must first determine what type of rights are being considered. Those associated with a Mineral Deed will require a deed signed by the trustee. Those represented by only a contract interest will be transferred by an Assignment.

If the mineral interests are passing via the Pour Over Will, then you may need to open a probate estate to pass any mineral interests that represent interests in real estate.

Consult with an attorney specializing in trust and estate administration for further assistance.