Understanding Mineral Rights of the Deceased in Ohio

When a loved one passes away, their estate may include more than just a home or bank accounts—it could also include mineral rights. These rights refer to the ownership of valuable underground resources such as oil, gas, coal, and other minerals. In Ohio, these rights can hold significant value and should not be overlooked during probate or estate administration.

What Are Mineral Rights?

Mineral rights give the owner the legal authority to extract or lease subsurface minerals from a property. These rights can be:

  • Severed (separate from the surface ownership)

  • Leased to an energy company

  • Generating royalty income through active wells

In many cases, families aren’t aware that their loved one owned mineral rights—especially if the rights were inherited or not actively producing income.

How Are Mineral Rights Transferred After Death?

Mineral rights are considered probate assets unless they were:

  • Held in a trust

  • Jointly owned with rights of survivorship

  • Passed by Transfer on Death Deed (in limited cases)

If the mineral rights are in the name of the deceased alone, they must go through probate to be legally transferred to the heirs or beneficiaries.

Why It Matters

Failing to properly transfer mineral rights can:

  • Delay the closing of an estate

  • Cause future disputes between heirs

  • Lead to missed royalty payments

  • Result in the rights reverting to the state (in rare cases of abandonment)

What Should Executors Do?

  • Identify ownership by checking deeds or lease agreements

  • Contact the county recorder or auditor in the county where the minerals are located

  • Include mineral rights in the probate inventory

  • Consult with an attorney if the rights are producing income or leased

At Littlejohn Law, we help families determine if their loved one owned mineral rights and ensure those rights are properly transferred through the probate process.

📞 Need help handling mineral rights in an Ohio estate? Call Littlejohn Law at 740-346-2899 for a complimentary Probate Needs Assessment.