My mom recently passed away and I need to fill out an Affidavit of Heirship.
Does anyone or can anyone send me a form that I can fill out so I can have it filed?
Any help would be greatly appreciated.
Thank you.
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The affidavit may vary by state. For which state do you need it? The attorneys on the site may have an exact answer.
The affidavit is for Oklahoma.
I just Googled on line for one from VA and it just took a minute to locate. There are downloadable PDFs by state.
OK-Proof of Death and Heirship.pdf (183.6 KB)
Not giving legal advice. Just found the information online. You probably do need to consult an attorney to make sure you file it in the correct place. Most likely in every county that has mineral rights.
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If there are producing mineral acres, then the heirs need to notify the operators for what they will need to transfer the pay status to the new heirs. They may or may not require a probate.
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Thank you so much. This is very helpful.
Here is the statute regarding an affidavit of heirship.
Acquiring a Severed Mineral Interest from Decedent - Establishing Marketable Title (oscn.net)
Often a company requesting the document will use their own form.
Many companies want a disinterested individual to sign the affidavit though not required under the Oklahoma statute.
Don’t be surprised if a company requests and affidavit of heirship then later still insist on probate in Oklahoma.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Sorry to hear about your mom. My husband’s mother passed away recently too and he inherited his mother’s mineral rights in Oklahoma. We contacted the Oklahoma Mineral Owner Registry and they directed us to the drilling company who drilled where Mom had mineral rights. From there, the drilling company prepared for us the Affidavit of Heirship which you have t have notarized and sent to the Oklahoma Courthouse in that County. And we didn’t need an attorney for probate as Mom had no Will, owned no real estate in Oklahoma and my husband (her son) was her only child and Mom’s husband had predeceased her. Hope this helps.
I would bypass the Oklahoma Mineral Registry and go directly to the Oklahoma Corporation Commission wellrecords link to see if there are any wells on the acreage You may need to check the sections touching yours as the wells are posted by their surface locations.
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Hi Elizabeth,
Thank you so much for the condolences and the information. This is very helpful. I really appreciate it. It’s so nice to know that we have this forum to help assist others.
Sorry for your loss. Our prayers are with you. Please add in what state did your mother live as affidavits can vary by state.
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