Selling a claim with co-owners or heirs

Short answer: every claimant of record has to sign to sell the whole claim. If the claims are shared with relatives or partners, or still in a late owner’s name, the first step is to get the record right: settle who owns what, record the transfers with the county, and file them with the BLM. A buyer will check this before paying.

Who has to sign

A co-owner can usually sell only his or her own share. To sell the whole claim, each claimant of record signs the deed, typically a quitclaim deed, which is recorded with the county where the claim sits and filed with the BLM state office.

If an owner has died

The late owner’s share passes under the will, a trust or state law, and an estate may need to go through probate or a simpler state process before anyone can sign for it. Until a transfer is filed, the BLM treats the last owner of record as the responsible party, and its notices go to that person. An attorney in the state where the claims sit can tell you what is needed. See I inherited mining claims. What now?

Keep the claims alive while you sort it out

The September 1 BLM fee, or a valid small miner waiver, is still due every year, whoever is named on the record. If it is missed, the claim is forfeited and there is nothing left to sell. Agree early who will pay it.

Making it easier for everyone

List every claimant of record from the BLM’s records and the county recorder.
Pick one family member or partner to be the point of contact for buyers.
Gather the paperwork in one place: location notices, deeds, BLM receipts and any death certificates or letters of administration.
Remember that everyone who signs should see the written terms, and may want their own adviser.

Source: BLM, transfers of interest. General information, not legal advice.