My mother-in-law passed away a few years ago and left her mineral rights to her husband. She did have a will but it was not probated. I am trying to help my father-in-law get the ownership changed to his name. He lives in Texas.
XTO sent us an affadavit of heirship for the rights that they are wanting to lease. They told us to complete it and mail it to the carter county clerk's office with appropriate fee for recording.
Is this sufficient documentation to change the ownership of the rights? Also, do we need to do an AOH for each township/section/range?
Laura,
You only need one AOH but include in it or as an attachment the legal descriptions of all of the tracts so they will index it properly. An AOH will not give him a marketable title but it sounds like XTO will lease on it alone and pay the bonus but if a well is drilled and produces they may not place him in pay status on it alone, it may depend on how large an interest it is if they will pay on a producing well without legal title. AN Oklahoma Probate and having it recorded in Carter County or a quiet title done in Carter County is needed to gain marketable title.
The answer as to how to transfer the mineral title is governed by the law of where the minerals are located, instead of where your mother in law lived.
Thank for the thorough replies...I think I have an idea of what I need to do next. I really appreciate it!
Laura
If a Decedent's Will is not probated, then one must follow the laws of descent and distribution in the state where the asset is located in order to determine who owns that asset. You say that you want to get the "ownership changed to his name," but depending upon the laws of descent and distribution in the state where the asset is located, he might not be the owner, or might not be the ONLY owner. So I would figure out exactly who the owner would be under the laws of descent in distribution, decide if that's who the father-in-law wants to be the owner(s), and if not then if the Will leaves everything to the father-in-law go ahead and Probate the Will.