My wife’s father had minerals in sec 20 04n 03w,he left them to his wife. They both are deceased, how do you find out if there was a Will left from my mom? Her name is lahoma Nichols. His was Wayne Nichols.
Checking the county court records where they resided at the time of death and look for a probate. If they lived in Oklahoma you may also inquire of the court clerk whether or not a Will was deposited for safekeeping.
If there was no Will, then the property would pass through intestacy statutes but that would require probate. Probate can be fairly simple for the client when only minerals are involved.
Wayne and Eva Lahoma Nichols appears to have owned an interest in 20-4n-3w. okcountyrecords.com shows an affidavit in 1992 that recites that Wayne passed away. They appear to have owned the interest as joint tenants. That means it automatically went to Eva Lahoma Nichols. OSCN, which lists court cases doesn’t seem to show a probate for Eva. Now, whether she had a will or not, the records wouldn’t show that. It might still be in her personal or business papers. But, it doesn’t look like a probate or estate proceeding was ever done.
The best way to search is to see if there is a probate for either person. If there was a Will it would be attached to the Petition of the probate. If there hasn’t been a probate and no family members have the Will there is a presumption there wasn’t a Will and assets would pass per Oklahoma statute. Wills are not typically filed anywhere except alongside a probate.
You can search for probates on the following websites.
thanks for your reply we really appreciate it
I have looked in both, no luck but thank you
Thanks for your reply we really appreciate it I guess I will have to go to the courthouse and see if there was a Will
Scott: You can call the Garvin County Court Clerk’s office and the should be able to check the index to see if any Will was filed for the party or parties you are interested in.
Thanks I wondered about that
I’ve looked in both Comanche Co and Garvin Co for a Will. No one knows of any. Wayne Nichols and Lehoma had no children. So I guess the question is, is my wife a heir. She is birth daughter of Wayne Nichols?
This would require a review of the deeds, if Wayne predeceased Lahoma and the property was held in joint tenancy, then Lahoma’s family would likely be entitled to inherit.
Again, difficult to say without examining the deeds and facts.
Scott: The minerals appear to be owned of record by Eva Leoma Nichols. If she died without a Will, the Oklahoma laws of intestate succession come into play and those change depending on the date of death. As Richard says, most likely all her interest goes to her heirs, ie children, brothers & sister, children of deceased brothers & sisters, etc. If your wife wasn’t adopted by Eva Leoma Nichols there is very little chance that your wife is entitled to any of this interest.
Well I have looked in both Comanche Co and Garvin Co, there’s no Will any body knows of. My wife is birth kin to Wayne Nichols and he and Lehoma had no children. So I guess the question is, is my wife a heir?
If your wife was not adopted by Eva Leoma Nichols and Eva had any children, brothers or sisters, the short answer is your wife is not entitled to any interest in these minerals.
there is no one else
I see. Thanks for the information, I’ll probably just let it be.
Eva had no children, no siblings, no aunts or uncles, no grandparents, no brothers or sisters of grandparents, etc? Hard to believe, but if that is the case, go to Oklahoma Laws of Intestate Succession and you will see how Eva’s estate will be handled.
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