So I have no idea about this. My Mother passed 1997 and so I am now trying to get my inheritance. Who should I look to first. The oil companies? Any certain web sites with history information. What do I need and need to do to get what belongs to me
She died 17 years ago? Most will wonder about the lapse in time from her death until 2014, or why you waited so long to pursue this. Maybe you were in a coma or incarcerated, but of course, that is your business. Orange is the new black?
In general, when someone dies owning non-producing or producing minerals, they usually leave a will devising those mineral rights to a beneficiary, most often their children, siblings, or parents.
The will is most often probated in the county where they die. If the minerals are producing, the beneficiary should obtain a certified copy from the Office of County Clerk, and send it to the oil company operator, so that they -the beneficiary- might start receiving the royalties.
If the minerals are not producing, but leased, the beneficiary should also send a certified copy of the will to the lessee (oil company).
If the minerals are unleased, the beneficiary should file a certified copy of the will in every county where the deceased owned minerals to put landmen and title searchers on notice as to who the current owner is.
If she died without a will, execute an Heirship Affidavit with information about when and where your mother passed away, that she died without a will, and name all of her heirs. Then follow the exact same procedures as outlined above. Be sure to sign the affidavit before a Notary Public. As for the form, Google Heirship Affidavit, and something adequate should come up.
It might be better if the affiant is a neutral, disinterested party, but if you are the sole heir, and don't have any other non-beneficiary family members or friends who can provide the heirship information on your mother, go ahead and do it yourself. It will start the ball rolling, and give public notice who her heirs are. If at a later date the oil company needs something else, they will notify you.
Wilma Jean:
I don't know where your minerals are located, although I see that you're here in California. An Heirship Affidavit does not work in California. We have a similar form, Affidavit re: Real Property of Small Value, but this still is a probate action that does need to be filed in the Superior Court in the county in which your mother had her mineral interests in, or if she was a resident of California, would be required to be done in the County in which she was a resident.
If these are producing income, some oil companies will accept a will or trust document to transfer the interests on their books, but you need to know that this does NOT actually transfer recorded ownership interest. A probate action of some sort needs to be done (even if it is a very shortened method via the Affidavit re: Real Property of Small Value). Again, this is California law and if the minerals are not here then this information may not apply.
Good Luck!
It appears that her minerals are located in Oklahoma. Information provided in user profile.
It was assumed that the certified copy of the will suggested to be provided to the oil company was probated. This would serve as the title clearing function of probate, and there would be no reason for an oil company not to accept it. This does actually transfer the recorded ownership interest. If the will was never probated, then of course other issues would arise.
Follow-up. It was more than an assumption. The other reply made me doubt my original reply. I did lay the foundation for probate when I wrote, "the will is most often probated in the county where they die."
I need to listen to Kipling more. "If you can trust yourself when others doubt you..."
Dave Quincy said:
It appears that her minerals are located in Oklahoma. Information provided in user profile.
It was assumed that the certified copy of the will suggested to be provided to the oil company was probated. This would serve as the title clearing function of probate, and there would be no reason for an oil company not to accept it. This does actually transfer the recorded ownership interest. If the will was never probated, then of course other issues would arise.
Dave Quincy said:
She died 17 years ago? Most will wonder about the lapse in time from her death until 2014, or why you waited so long to pursue this. Maybe you were in a coma or incarcerated, but of course, that is your business. Orange is the new black?
AND JUST WHEN I THOUGHT THIS DAY WOULD PASS WITHOUT A GOOD CHUCKLE !!!
In general, when someone dies owning non-producing or producing minerals, they usually leave a will devising those mineral rights to a beneficiary, most often their children, siblings, or parents.
The will is most often probated in the county where they die. If the minerals are producing, the beneficiary should obtain a certified copy from the Office of County Clerk, and send it to the oil company operator, so that they -the beneficiary- might start receiving the royalties.
If the minerals are not producing, but leased, the beneficiary should also send a certified copy of the will to the lessee (oil company).
If the minerals are unleased, the beneficiary should file a certified copy of the will in every county where the deceased owned minerals to put landmen and title searchers on notice as to who the current owner is.
If she died without a will, execute an Heirship Affidavit with information about when and where your mother passed away, that she died without a will, and name all of her heirs. Then follow the exact same procedures as outlined above. Be sure to sign the affidavit before a Notary Public. As for the form, Google Heirship Affidavit, and something adequate should come up.
It might be better if the affiant is a neutral, disinterested party, but if you are the sole heir, and don't have any other non-beneficiary family members or friends who can provide the heirship information on your mother, go ahead and do it yourself. It will start the ball rolling, and give public notice who her heirs are. If at a later date the oil company needs something else, they will notify you.
If you could provide the section township and range in Oklahoma I could do a search for you at the OCC site.
Assuming the minerals are in Oklahoma, the initial question is was there an estate proceeding done in Oklahoma? If not, then one will, probably, have to be done.
She's answered the question on this forum. Her mother passed away 17 years ago, and died intestate.