My brother and I recently inherited several dozen mineral properties. They are located in Oklahoma. Neither of us are from Oklahoma. It sounds like this may need to go through probate in Oklahoma. We are seeking a reputable estate planning attorney in Oklahoma. Are there any recommendations?
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My wife also inherited a site in OK. Technically, probate would be in the state where the person resided but OK has a sub-probate process or whatever its called. following this thread
If the minerals are located in the State of Oklahoma, the probate would need to occur here. In the vast majority of cases this can be done without the need for any of the heirs to travel to or make court appearances. Uncontested summary probate cases can usually be wrapped up within 60-75 days of the case filing.
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think we are talking the same thing but if property is in OK but resident is in another state the term is ancillary probate. not sure if it requires all of regular probate steps. My wifes mom was a resident of Texas and her probate closed there. now we need to go through the ancilary probate process in OK which I think primarily consists of an attorney changing the deeds name to the beneficiaries.
david-which county? our issue is Bryan County
The term “ancillary probate” usually refers to a secondary probate process in a different state from where the deceased person lived. In Oklahoma, there are specific rules for handling this. There are two similar procedures, and the choice depends on how the probate was managed in the home state. For clients, the difference between these procedures is negligible.
Generally, if the home state uses an “independent administrator” to manage the estate, a simpler probate process called summary probate.
On the other hand, if the home state has court orders that determine who inherits the property and how it is distributed, there’s a slightly different process in Oklahoma that can wrap up a bit faster. Both procedures can serve as an “ancillary” probate, even though Oklahoma doesn’t have a process specifically named “ancillary probate.”
Sorry to get into the weeds, but using the wrong procedure can cause delay and frustration.
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thanks for the education. sounds like you know much more than I. My wifes moms probate was finalized approx one year ago in TX and MR in OK were included as listed property but no issues came up. strange cuz when I ask my friend Google, all sorts of articles about ancilary probate in OK come up. This is probably not going to happen cuz the MR in OK are non-income producing so why spend 3-5K on attny fees. can we just donate it to the county?
An alternative to a probate is an affidavit of heirship if the ownership is in minerals only (no surface interest). Many are able to do this themselves. The downside is that it requires to be done correctly, filed of record for 10 year and have no contradictory filing in order to vest “marketable title” in the heirs. If it di developed during the 10 years, a probate could still be done if needed.
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Look at Winblad’s profile. This is one of his areas of practice as an attorney.
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Thanks, all, for your insights. I didn’t mention, but the mineral rights were already in a life estate. I think that might avoid probate. We are still interested in talking with an estate attorney in Oklahoma to consider establishing a trust or LLC or partnership. Any recommendations on an estate attorney in Oklahoma?
Look at Winblad’s profile. This is one of his areas of practice as an attorney.
perhaps a dumb question but we eventually need an attorney in OK. Does it matter which county? was thinking attorney in a particular countymay have intimate knowledge of how the count does things? And we also have to address MR in AR. Should we try to find some (a firm perhaps) that is licensed in OK and AR
If you are a remainderman of a life estate, you would file an affidavit and a original death certificate upon the death of the life tenant. No probate is involved. If you are a remainderman and want your heirs to avoid probate there are ways to do so. LLCs tend to be much more complicated than trusts if probate avoidance is the goal.
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Generally speaking you will not need an estate planning attorney from the county where the minerals are located. One of the goals of estate planning is to avoid probate and thereby eliminate the need for court involvement. Nevertheless, if probate becomes necessary, all courts are regulated by the same statutes. Minor variances in how they handle dockets are insignificant.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
thanks Richard. we my contact you in the near future. We don’t need Estate planning as my mother-in-laws estate has been settled except for the MR in OK and AR. Again, she was a resident of TX with a Will but no Trust. It went through probate in TX and has been finalized. Just need someone in OK to handle transfer of MR deeds to the beneficiaries. Property is not income producing so we have the consider cost vs benefit?
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Call CharneyBrown, based in Tulsa - not only can they handle estate planning/probates but they’re an oil and gas specialty firm so there is nobody better to help.
(I’m not affiliated with CharneyBrown, but have used them multiple times in the past for various legal matters.)
thx Wink. love the name
Absolutely, this falls into “What would I tell my cousin to do?” analysis.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.