My husband passed away recently and he has mineral rights in OK for a couple of counties. The Will makes me beneficiary. Texas was easy to file but I was told I may need an Attorney in OK is that true?
There are two ways to answer this question and they relate to value. If there is not much value, you can create an affidavit that describes the properties and attach a copy of a will as an exhibit. You may need some help with creating the affidavit. The better way would be to contact an estate attorney that is licensed in OK to conduct a Determination of Heirship. A simple DOH should cost between $3,000 to $5,000. You may want to contact @Richard_Winblad who is a contributor to this forum and practices in this area. Filing in TX is easier due to their index system, but you may still have the same title requirements. Good luck
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A probate with a determination of death, heirship and admission of the Will is the cleanest and fastest way to make sure that the minerals are transferred to the beneficiaries in the Will. A probate case will be filed in one county, then copies of the order are filed in the land records where the minerals are located.
If the minerals are not producing, then an affidavit is the most economical. However, many companies will not place the heir in pay status unless the it was done correctly, has been on file for 10 years and there is nothing in the record to contradict it.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
thank you so much! I will check because in OK we only collect about $510 per year royalties. I sure see no sense in paying $3K-$5K. I know my husband did not pay when he transferred these from his Mother to him and his sisters. I really appreciate your help!
With these caveats, get someone to help you with the Affidavit prep. Since the minerals are producing the Affidavit may not be sufficient for a purchaser to recognize the transfer as noted by @Richard_Winblad. With the present annual income you may have to consider alternatives.
I am currently going through a similar situation in Oklahoma, and have been for almost a year now. First I filled out an affidavit of heirship. This allowed me to collect about half of the funds that were held in suspense. After that two of my operators required an Ancillary Probate. (Literally just another probate) This is very common for transferring property held in different states than your own. I will note that I also had to hire a landman to research documents to prove ownership before I could proceed with the ancillary probate. All of this was very expensive and difficult. Since yours is so small, you might be able to get away with the Affidavit it really just depends on which operators you have and how nice they are. Also to help you out with this I would be extremely nice to the owner relations worker. They are the ones that can bend rules on what documents you need and how deep you have to go with this. Good luck!