Minerals being transferred to me. Grantor has relatives in her title chain that did not have probate done, all they did was Affidavits of death/heirship when the minerals were leased a few years ago. If I am ever able to get the tract leased again, for me to have clear title must probate be done on these people?
One died a year ago (had a will leaving all to my Grantor), one maybe ten years ago (no will), other one maybe 20 years ago (no will). It went grandmother to mother to my grantor and her brother and then her brother died, leaving his part to her. If it ever gets leased and drilled, I don't want them holding up royalties on me.
And anyone have any idea how much a pretty simple OK probate would cost? (Not lots of properties, maybe half a dozen mineral interests.)
I search around for a situation similar to your own and found this, which is of the more impressive timelines on an out of state probate case I have seen. This was done as a summary proceeding which expedites the time and saves you as the client money.
You probably won’t have many issues leasing the property, however when it comes time for payment of royalties the division order analyst might require probate.
Your facts would need to be examined. Hopefully, a summary probate would be appropriate.
In Oklahoma a “summary probate” is a simple process for the client. Many times a summary probate will put the minerals into the name of the heirs within a few months. To qualify for a summary probate one of the following is needed:
-the decedent resided outside of Oklahoma;
-the decedent died 5 or more years; or
-the estate in Oklahoma is valued at $200,000 or less.
If a Will has been probated in another state, An ancillary probate may be used. Again a shortened timeframe.
For a summary or ancillary probate is it better to use an attorney in the county where the minerals are or would a nearby county be ok or even someone 100 miles away?
That depends on whether the attorney is willing to work on a flat fee. In some remote counties, attorneys charge outrageous fees. Traveling 100 miles is common in Oklahoma.
Many times when doing Title work a “quiet Title” is needed. This requires an Advertisement ( notice ) to be placed in the local newspaper - and a visit to the court for the county. And the attorney will charge for this travel if needed. So, it may be best to use a local person…
Judge Brauer is the judge in charge of probate in Grady County, he doesn’t require anybody but the attorney to appear in uncontested matters. He is fair with attorneys no matter their zip codes.
I understood a probate is to be filed in the county where the person resides upon death. My mother passed away in Tarrant County Tx but we have numerous mineral interests in Grady County, Ok. Are the laws different from Texas to Oklahoma? TIA.
Yes, you have to file a foreign probate and file it in each county in OK where you have minerals. Richard Winblad has several posts on the forum regarding the subject.
Thank you Martha! She had already deeded her minerals to me with a remainderman deed where the minerals transferred upon her death. I’m just concerned about the minerals that are still out there we haven’t found yet. With my grandfather George R Beeler being in the mineral business in Chickasha and Grady county going back to the early 1900’s, we keep finding minerals still in his name. How would I file for those?
You will need to hire an Oklahoma attorney that handles Probates. Richard Winblad on this forum can probably help in that endeavor. The Probate will only have to be adjudicated in one Oklahoma County.
When the Final Order is issued, you can take a certified copy of that document and file in all the Oklahoma counties in which Mr. Beeler owned minerals or other types of interests.
Unfortunately yes. This is because each state’s laws control ownership of real estate within their borders. The good news is that this is a relatively simple task for the heirs and can be wrapped up fairly quickly 60-75 days after the paperwork is filed with the Court. It is not even necessary to come to Oklahoma unless it becomes a contested matter.