Dying intestate in California where spouse inherits all But with oil and gas rights on Oklahoma where they are shared between surviving family Which state takes precedence with Oil and Gas rights I have seen the stature for OKlahoma but no one has been able to show me a stature specifically for this situation
The laws of the state where the real property resides takes precedent over all else.
In Oklahoma, there are different ‘rules’ for determining the heirship. Spouse, children, more than one spouse, siblings, deceased before/after July 1, 1995. Was the property acquired during coverture or inherited property? As you can see, dying intestate causes many headaches & heartaches.
Todd is correct, Oklahoma intestacy law controls over minerals.
You can read the following: Keep in mind that there are two sections one for pre 7/1/1985 deaths and one for those who died thereafter. http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029
You probably won’t find an Oklahoma statute. But caselaw is clear that
Estate of Boyd v. Boyd, 321 P.3d 1001 (Okla. Civ. App., 2014) It says, that the laws of another state have no bearing on property rights in Oklahoma.
In short, even if a probate is done in California, an Oklahoma probate will be required to clear title.
Fortunately, Oklahoma has good options for expedited probate of non-resident decedents.