Hello. I am brand new to all this. I recently completed the affidavits of death and heirship. I got them filed with the county. I am ready to send to the energy company to review interest and title. Should I include anything specific in my letter to the energy company? Should I ask for interests, if applicable? Should I send the letter certified mail? Do I send the originals or copies of the affidavits of death and heirship? What usually happens next? How long does it take to hear something from the energy company? I appreciate any info you can provide. Thanks.
If you have an owner number (are you doing this to release royalty proceeds) include that. I would keep the originals and send them copies as long as those copies show the recording information. Nothing in particular to add to your letter, just make sur it references your name or the owner name they are showing, or the name of the person the heirship affidavit addresses. Also if there is a lease in place, give them the lease information, or whatever reference they are using to talk to you. Not really any need to send certified. They will review the heirship affidavits in house and let you know if it satisfies their request or if you need to furnish additional information. Time-wise it could be as little as a week, or it could be 4-6 weeks depending upon the company and how well they are staffed, but know that in today’s times everyone is pretty much understaffed.
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It might expedite payment if you send them a W-9 form too.
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Several issues. First, is whether affidavit of heirship was correct procedure–did decedent leave a Will. Second, to confirm the correct heirs are set forth–assuming decedent died intestate, you should have an attorney licensed in the state in which the mineral interests are located to determine if correct heirs are set forth.
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Attorney’s don’t decide “correct heirs”. An Affidavit is just that, one person stating what they believe are the facts. It’s totally up to the examining attorney to allow the Affidavit to pass or fail. Anybody can file an Affidavit.
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Acceptance of affidavits of heirship vary between companies and state. In Oklahoma they are less favored based upon the laws here. In other states they seem to be more readily accepted. There are several factors which may impact the division order analyst’s requirements. These may include the existence of a Will, the size of of the interest, etc.
This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.
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Generally, in Texas, an affidavit of heirship requires that the two witnesses swear to the following conditions:
1.That they knew the decedent. 2.That the decedent did not owe any debts. 3.The true identity of the family members and heirs. 4.The date the person died and where they died -city, state 5. And, a positive statement that the witness will not gain financially from the estate.
Heirship is determined by the statute of descent and distribution. If there was a will, why was it not probated? The O& G will look to see if the affidavit meets both the state requirements and, theirs.
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As a title examiner, it is important to me that the affidavit make an affirmative statement whether the decedent died testate (with a will) or intestate (without a will). If there was a will the affidavit should state whether it was probated or not probated (it is OK to note the reason that it was not probated, but from a title standpoint it is not significant).
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From the title examiner’s standpoint, if the affidavit of heirship shows significant unsecured debt, let’s assume $40,000 and non-homestead property is being sold in Texas worth $200,000 and Will has not been probated and will beneficiary and heir are the same, what is the position of the title company regarding insuring title, Assume four years has not passed since decedent’s death.
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This varies by state. A copy of the Will is a good thing to include with the AOH as well as a death certificate (SSN & DOB redacted)
This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship.
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