Is an affidavit of Heirship carry the same weight as a mineral deed? What if one is filed but not the other?
Different functions.An affidavit of heirship is a document showing the heirs of a deceased individual, so that an oil company, in certain states, can start paying the heirs, instead of the decedent.
A Mineral deed is like any other deed, it transfers title from individual or entity to another. For example, if you own a home, you received a deed when you purchased the home. A mineral deed transfers or conveys the minerals from individual A to individual B.
Do you know if Oklahoma recognizes the affidavit if a deed has not been filed?
Most oil companies will require marketable or clean title to make royalty payments. To do that, you have to have a probate of the interest still held by the decedent. However, for smaller interests, some companies will recognize and give credit to an affidavit or heirship, even though they don’t have to. They do it for goodwill purposes. Now under certain circumstances, if the affidavit has been on file for ten years, it would be recognized to vest marketable title.
If you have an unfiled deed that is otherwise valid, it may be possible to file it.
In a recent case the Oklahoma Court of Appeals stated::
¶16 The delay in executing the 2011 deed and filing it in 2017 has no impact on the effectiveness of the deed. The presumption of delivery is not destroyed by a long period of time between execution and recordation. McKeever v. Parker , 1950 OK 344, ¶12, 204 Okla. 1, 226 P.2d 425. Further, after a deed intended for estate planning purposes is delivered, whether it is discussed or filed has no effect over the validity of the instrument. Johnson , 1913 OK 142, ¶5, 130 P. at 583. Peveto v. Peveto, 508 P.3d 979 (Okla. Civ. App. 2022)
That being said the deed and the circumstances should be examined before filing.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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