I’m sure this is a multi-part answer, depending on this and that but here goes…Is it difficult to obtain “clear title” on inherited Mineral Rights? Love County, OK
We are in the process of doing this right now! So far it’s been pretty a straightforward and simple process:
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Ensure will are probated. We did not have to put any of the wills through probate, so we were able to skip this step. The “chain of custody” was easy to follow, and there was only one will and one heir to verify.
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Obtain affidavit(s) of heirship and present all documents to judge at probate court to request title transfer. Because the property is in another state, we hired a local attorney who specializes to do this.
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Process title transfer with county clerk
We are in the middle of step 2 - the affidavit and request for title transfer have been filed with the court, and we are just waiting for the judge to look at everything. I will let. you know how it goes!
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Thank you for your time and the information.
I’m not sure what Mr. or Ms. Sanders’ legal proceedings look like, but to have marketable title, you will need to have an estate proceeding or a judicial proceeding in a court. I think the phrase “obtain affidavits of heirship” and present to court is missing something in translation. He is correct, you don’t probate an estate where there is no will, but you do need a court proceeding of some type.
Thank you for the reply
I’m a she. I did not outline the specifics because the tasks within each step might be different than the tasks the OP needs to complete. But the basic order of steps for curing any title is the same: Establish a document trail leading from the deceased to the heir. Each case might require a different type of document at each step.
In our case, we did not need to probate a will because they had already been probated. We simply needed to present to a judge documents that proved my father was the sole heir to his mother’s possessions. He inherited an NPRI but never transferred the title because he didn’t know what it was.
A landman offered to buy it and that made us investigate. We decided to keep it. We presented an affidavit of heirship to a judge in the county, which has been recorded. Now we are in the title transfer stage. Once that is complete we can go to the various states where unclaimed funds are located and present whatever documents they require.
For the OP more tasks might be involved at each step. Maybe more than one generation has transpired. That means more paperwork. But as long as you do things in order there should be no problems.
In Oklahoma a mineral interest is an interest in land. After the death of an individual who owned the property in his/her own name (not in trust, transfer on death deed, joint tenancy, or life estate) there are two methods for the heir to be recognized as the owner:
Probate: This is a legal process that can often be handled in a fairly short amount of time (as little as 50-75 days). Many attorneys can handle these on a flat fee basis. For uncomplicated cases there is seldom a need for any of the inheriting family members to travel to Oklahoma. Once a final order is entered, a certified copy is filed with the land records. This transfers the interest from the estate of the decedent to the rightful heirs. Probate is appropriate even if the decedent did not leave a Last Will and Testament.
Out-of-State Probates: Another thing that seems strange is the requirement for a probate in the state where the minerals are located even though there was a probate where the decedent lived. The reason is that the courts of one state do not have the jurisdiction to enter orders that affect the title to land holdings in a different state. That is why an ancillary or summary probate is needed in the state where the minerals are located. This is a simplified process.
Affidavit of Heirship: : This is a document that reports the decedent’s death, the names of decedents and surviving spouse. This is filed with the land records. Essentially this provides notice of the death and identifies those who are believed to be entitled to inherit. If there is a Last Willand Testament, it can be attached. Often heirs are asked to provide this when a lease is signed. However, there are a few problems with this approach. An affidavit of heirship does not provide “marketable title” to the heirs unless it has been on file for 10 years and nothing appears in the land records to contradict the affidavit. If there is a Will, many title attorneys question whether an affidavit of heirship is effective because only a court can determine the validity of a Will. Finally, many companies will not pay royalties on an AOH until the ten years have run. An AOH approach may make the most sense when the royalty payments are too small to justify the cost of a probate. Something that bewilders many is that the same company that took a lease and paid a bonus based upon an AOH will turn around and require a probate before paying royalties.
“”“This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.”“”
Affidavit of Heirship: : This is a document that reports the decedent’s death, the names of decedents and surviving spouse. This is filed with the land records. Essentially this provides notice of the death and identifies those who are believed to be entitled to inherit. If there is a Last Willand Testament, it can be attached. Often heirs are asked to provide this when a lease is signed. However, there are a few problems with this approach. An affidavit of heirship does not provide “marketable title” to the heirs unless it has been on file for 10 years and nothing appears in the land records to contradict the affidavit. If there is a Will, many title attorneys question whether an affidavit of heirship is effective because only a court can determine the validity of a Will. Finally, many companies will not pay royalties on an AOH until the ten years have run. An AOH approach may make the most sense when the royalty payments are too small to justify the cost of a probate. Something that bewilders many is that the same company that took a lease and paid a bonus an AOH will turn around and require a probate before paying royalties.
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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Thanks, I appreciate the info.
If a probate has been completely in the state of residence and an ancillary probate in the state where the minerals are located and the oil company still says there is not a clear title, what would the next step be?
Ask the oil company for their title requirements. For example, there could be an issue with a missing probate or a more distant relative. Or it could be an incorrect or omitted legal description from the order. Or, it could be as simple as someone not filing the probate order with the recorder of deeds.
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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