Allegheny Pennsylvania Affidavit of Heirship for Mineral Rights

State:
Multi-State
County:
Allegheny
Control #:
US-OG-179-2
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).
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FAQ

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. This is another question you should ask when you accept your inheritance.

Mineral rights give the owner the right to drill for and sell any oil, water, or precious minerals that can be found underground. Some property owners opt to separate their interest in the land's mineral rights from the surface rights, and can pass down that interest to their heirs.

A sale is usually a forever transaction; once sold they are gone. A mineral lease can be long term if there is mineral production, or shorter if the acreage is not part of a drilling unit that produces royalties. Continual ownership may provide the opportunity to lease multiple times and receive multiple bonuses.

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).

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).

The purpose of a division order is to protect the company paying the royalty (payor) from double liability. If you sign a division order and it turns out that you should have been paid a larger interest than shown on the division order, the company is protected as long as it paid according to the division order.

Go to the Courthouse to Search Mineral Ownership Records If you don't have the description, go to the tax office first. As a surface owner, you are paying property taxes and they can assist you with your property description. It's best if you have the deed that was signed when you or a relative purchased the property.

The statute allowing for an affidavit of tangible personal property to transfer an estate's personal assets also allows for an affidavit of death and heirship to transfer severed mineral interests to an heir. The affidavit must be filed with the county clerk in the county where the property is located.

Mineral rights can be divided by specific mineral commodities. For example, one company can own the mineral rights to coal, while another company owns the oil and gas rights. Consequently, it is important to know which minerals are included in a mineral deed. Some deeds specify that all minerals are included.

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Allegheny Pennsylvania Affidavit of Heirship for Mineral Rights