New Mexico Mineral Deed - Individual to Husband and Wife

State:
New Mexico
Control #:
NM-024-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Mineral Deed where the Grantor is an Individual and the Grantees are Husband and Wife. Grantor conveys and warrants the described property to the Grantees. The Grantees take the property as Community Property with the right of survivorship, joint tenants with the right of survivorship, or as tenants in common. This deed complies with all state statutory laws.



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FAQ

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

Are inherited mineral rights taxable? The federal government does not consider inherited mineral rights taxable. Still, any income you accumulate from those rights does have to be reported on your tax return.

After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner.

STATE LAND OFFICE: If the mineral rights are owned by the state, you can contact the State Land Office Minerals Program at (505) 827-5750, and this website for Lease Information - Minerals.

Mineral rights must be transferred to heirs before any transactions related to them can take place. Unlike a home, which can be sold by an estate, mineral rights must be transferred before any sale. Mineral rights can be transferred to rightful heir(s) or to a trust through a mineral deed.

Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.

If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.

Mineral rights are automatically included as a part of the land in a property conveyance, unless and until the ownership gets separated at some point by an owner/seller.Conveying (selling or otherwise transferring) the land but retaining the mineral rights.

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New Mexico Mineral Deed - Individual to Husband and Wife