I was notified by an oil company that I need to file an Order Nunc Pro Tunc to correct a mineral discription scrivner's error on my motherr's final death decree. Does anybody have a ball park figure of what should be the cost/time of an attorney to file an Order Nunc Pro Tunc with the District County Court? My sister and I only own a few acres. Therefore, I'm not sure how much we are willing to pay. Any help would be greatly appreciated. Thanks, GWThat depends upon whether the judge and court clerk would accept an application or petition. The filing fee varies by county. Also depends on the complexity or the correction and whether others rights would be impaired.
Bowling v. Merry, 217 P. 404, 1923 OK 435, 91 Okla. 176 (Okla., 1923) says:
Jurisdiction is inherent in every court of record to cause its records to speak the truth and by nunc pro tunc order, on proper application and notice, to cause to be entered orders and judgments made by the court which, by inadvertence or mistake, the clerk of the court has omitted to record, and this right is not lost by lapse of time, where no intervening rights are affected.
There was a typo in my mothers final death decree. The mineral description in the registar of deeds book. It has NW/4 and should be SW/4 according to the oil company. I dont have any idea how much this us going to cost to fix. My sister and I only have a few acres. Will it be worth the money and effort.
If royalties are being withheld it may be worth it. It also largely depends on where the minerals are located. In a few areas minerals have been sold for as much as $25k per acres. In other areas minerals can be purchased for a few hundred per acre.
I would assert that the final decree has a residuary clause that recites that in the event of unknown, undiscovered or other property, then the property is to go to A & B. I believe that this residuary clause would relieve you from having to do an order nunc pro tunc.