My father recently passed and we need to have the mineral ‘deeds’ put into my Mother’s name. He lived in Texas and his will won’t be probated. I know zero about this and thought it was a matter of filling out a form, providing the will and death certificate, but the county clerk said to contact an attorney.
This is the last property type thing to take care of and this is a first on having to hire an attorney…? Thanks for any advice.
Since you posted this in Carter County, OK, I am thinking you might mean the minerals are located in Carter Co, OK. If your father lived in Texas, then you will need to contact a Texas attorney first because a will must be probated in Texas first (if there is one) or follow the laws of intestate if not. Then a foreign probate has to be filed in OK using an OK attorney to make the transfer.
I had the same issue with my mom’s estate in 2014 and I used Mr Todd Estes to assist me with it. He is licensed in both states and was very easy and pleasant to work. He is located in Sherman TX. You can find him I’m sure via google.
Hope this helps!
If the property was not in a trust, joint tenancy or a transfer on death deed, then you will need probate to get the property transferred into your name. You can file an affidavit of heirship but it will not ripen into title unless done correctly and on file for 10 years. Therefore, a probate is likely necessary. These can be accomplished without travel to Oklahoma if uncontested. From filing to completion you are looking at 60-75 days depending upon court availability.
This is not legal or tax advice. No attorney-client relationship is crated by this post.
Thank you T_Morgan! I reached out to Todd and he is so helpful!
Fantastic @retiree2020 so happy you connected with him! He helped us so much!
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