Hello, my sister passed away and there is no will with her mineral rights. What steps does her daughter need to take? Does she need a lawyer?
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Yes, ideally, she should be talking to a lawyer.
Going through something similar but probate lawyer who’s dealt with mineral rights would be able to help you out. But you’d probably need one that’s in the state that the rights are in if you are in another state outside of where the mineral rights are. No will would mean it goes to the daughter if there were no other siblings. Also depends on if she still had a husband at the time of her death. Then I think part of it would go to him as well I think. But probate lawyer is your first step.
Corywilfilm was right on target. Oklahoma law and jurisdiction apply since the minerals are located here. Don’t let the lack of a last will and testament worry you because the State of Oklahoma’s intestacy statutes would apply. It would look at your sister’s marital status and her descendants to determine who gets what share. Often probate cases can be resolved in a fairly short time span and without the need for court appearance by anyone but the attorney.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Thank you for your responses!
We used an “affidavit of Heirship” to get everything put in our name. (My sister and I) when our dad passed. Pretty simple. Download from the internet or maybe get one at Office Supply. Has to be noterized and specific to whatever you are claiming as yours as heirs. The form is explanatory
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While some entities accept affidavits of heirship, if the interests are significant a probate may be required.
Downloadable forms are 100% effective 50% of the time. 
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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