Hello. I received correspondence about Sect 36-1N-4W from a title company on behalf of Continental Oil. After a long and frustrating series of questions and communications with the Landman (who doesn’t return emails), Continental Oil, and the Title Company, I am filled an Affidavit of Heirship in regards to the sites listed in the court documents. My father had ORRI for the field that no one knew about. My questions are as follows:
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Is there an easier way besides driving to Stephens county to find out if there are more ORRI? Their records are not digitized before 1991.
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Besides the affidavit, is there more paperwork that needs to be filed to transfer ownership from my father to me?
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Does an ORRI have a beneficiary or specific heir, or does this need to be split between my siblings? (I am the only one named on the paperwork received from the title company and have floated all lawyer fees thus far)
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How do payouts work for an ORRI? I understand the math behind it, wondering if people get a check, a pony, or candy bars.
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Is there a way to find the original documentation? My father’s name, and subsequently my name, appeared on an ownership report.
Thank you
Welcome to the community.
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You might request information from Continental regarding the ORRI, sometimes you may find additional properties listed is the documentation. Unfortunately, Stephens County does not have data that is currently searchable prior to 1996. Find as much out prior to making a trip or hiring a landman. Still worth searching here: Stephens County | OKCountyRecords.com | County Clerk Public Land Records for Oklahoma You might also want to check unclaimed property.
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In some cases, companies accept an affidavit of heirship to release funds. IN other cases, a probate will be required.
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An ORRI typically does not have a beneficiary. Your father’s estate plan (will, trust or Transfer on Death Deed.) will dictate how the asset is to be distributed. If there is no estate plan than Oklahoma intestate statutes would apply. Ask to see the documents relied upon.
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It should be a check when the proceeds reach a sufficient amount. With that you can purchase Butter Fingers or Reese’s, or a toy pony.
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Ask the company first, it not provided when you can research land records.
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 the reply.
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I attempted to contact Continental, and they referred me to a Landman. I am unsure of their function, but he was not helpful and would not speak with me via email. No option to talk on the phone.
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I am hoping they accept the Affidavit as there is no option for probate. Part of the reason I am trying to find more information is the share of the ORRI and outweighing legal expenses as this might not even be worse pursuing.
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Excellent. Will check on the applicability of the OK law.
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A Butterfinger every month would be amazing. Hoping that is what plays out.
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Goes back to Continental being no help. The Stephen’s Co Court did say I am allowed to search through specific years to try and find additional records once the Affidavit of Heirship gets completed. I still don’t understand why Continental won’t provide information, there may be a piece to this missing.
Had an additional question - how would I find information on the well? I am assuming part of the development is a matter of public record.
Thank you in advance.
My understanding is that the Overriding Royalty goes with the original leases for the minerals and is in place as long as the production continues under the terms of the leases. The ORRI is carved out of Working Interest partners interest for those that helped put the original deal together-such as landmen or geologists. In our case, the ORRI documents are in our family files and are not filed in the county. The original division orders show them as well. Geologist, not an attorney here. Richard, correct me if I am wrong.
You can look up the wells on the Oklahoma Corporation Commission well records site. STR_ERROR_PAGE_TITLE?
SearchName=OilandGasWellRecordsSearch&dbid=0&repo=OCC
There is a very old field there called Sho-Vel-Tum, so you might be part of that. Do you have the complete description with the aliquots? It should read something like SW4 of NW4 of 36-1N-4W. You really do need to get this figured out because Continental is drilling quite a few horizontal wells all around you. They have rigs going on either side of you now. Can be five or six horizontals in each section. You already have one coming.
Make sure that you are on the attorney’s list to get information on the OCC court cases.
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The only documentation I have was from the title company. No one knew about this, it came as a complete surprise.
I have been getting physical mail from the title company and my name is listed as an interested party in the letters received.
I started getting the Affidavit of Heirship squared aware once realizing this is legitimate, but outside of that no one at Continental was willing to provide information.
Morning/Afternoon.
Do you happen to know who all needs a copy of the Affidavit of Heirship? Was going to send one to Continental and the Stephens County clerk. Don’t know if there are any other boxes to check.
From your post this did seem somewhat of an urgent matter to square away.
You need to file the original with the county clerk and then send Continental a copy of the recorded document.
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My apologies for being redundant with the questions, but when you say “a copy”, do you mean a raised seal notarized copy of what was sent to the clerk, or a copy of an acknowledgement of delivery to the clerk? Or some kind of combination of both?
Want to make sure all the t’s are dotted and i’s crossed with this one.
Once the document is recorded and returned to you, make a copy & send to Continental.
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Thank you for the information.
Don’t be surprised if after providing the affidavit of heirship that Continental requires a probate. Then don’t freak out, most mineral probates are fairly straightforward.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
My concern would be the time frame for probate has long since passed.
However, I do appreciate the heads up. Will have to give more money to the lawyers at this point. Makes me wonder if this is even worth pursuing.
Oklahoma does not have a statute of limitations for probates. One could be done for Adam if he owned minerals in Oklahoma.
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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I did not know that. Thank you very much.
