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Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.
Taxability of Inherited Mineral Rights If they are transferred through a will or estate plan, they are considered a part of the estate and are subject to taxation. If they are transferred through a lease, the value of the mineral rights may be taxable. However, this will depend on the terms of the lease agreement.
County Forms The General Mineral Deed in Montana transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.
Mineral rights may also be subject to transfers by way of a will. In the event of death, the right to the minerals passes to the person(s) named as beneficiaries. In the absence of specific heirs, the mineral rights pass to the beneficiary of the residual surface estate and real estate.
The royalty percentage is usually 12.5% to 15% but can change based on regional regulations or negotiations. Types of Leases: There are different types of oil and gas leases, and they affect royalty calculations differently.
The legal process for inheriting royalties involves obtaining a deed from the deceased's estate and transferring ownership.
It really comes down to your personal decision. Figuring out whether to sell oil and gas royalties can be challenging for some. Here are some of the most common reasons for selling an oil and gas royalty: Taxes: You will save substantial money if you inherited mineral rights by selling your oil royalties.
Royalty is a portion of the proceeds from the sale of production which is paid monthly to the mineral rights owner. The royalty is usually described in the lease as a fraction such as 1/8th, or 1/6th.