leo had a will ,he died left to wife, she died will left everything left to me and my sister , does the affidavit of heirship with county , transfer mineral and royalty to my name, if not how do i go about transfering from my dads name to me and my sister, who do i contact , leo will probate in texas
george c had four children, paul davis had three children , leo had two children
How was it left to your Mom. The affidavit of heirs just claims an interest but does not transfer ownership. the ownership will have to go to your mom's estate then to you. You may have to probate Your Mom and Dad's estate in Okla.Nancy,
This may help you understand what you need to do.
Under Oklahoma law, title to real property located within the state can only be transferred by a final decree issued by an Oklahoma District Court. It doesn’t matter if the owner of the property lived in Oklahoma or not. The general rule is title to the property cannot be transferred to new owners without a final decree issued by an Oklahoma District Court. What is real property in Oklahoma? Real property under Oklahoma law includes all types of real estate, be it a home, farm, building, land, etc, as well as all forms of mineral interests, including royalty interests, etc. In fact, ownership of Oklahoma mineral interests by people who lived out of state when they passed away is one of the most common scenarios. As Oklahoma is a state rich in natural gas, oil, and other minerals this situation is quite common. When that loved one dies, unless they had a probate avoidance plan in place, an Oklahoma Probate proceeding will be necessary to transfer ownership of the real property to new parties.
If your parents had put the minerals in a trust to transfer ownership, then you don’t have to probate most of the time.
Thank you all so much for all the information
I own some minerals in Noble County, Section 9 Twnshp 20N Range 1E. Can anyone comment on activity in that area? I have had limited success identifying any permitting or other activity on my section via the OCC web site.
There have been filings for pooling orders in 20n-1e in sections 6,7,13,14,15,16,21,22,23,24,25,27,& 32. I would call that active. I will see if I can find any well info.
permit for13,15,16,22, well drilled 21,24. drilling or drilled in 6
Ron, thanks for the info. I will keep my fingers crossed.
We own the mineral rights on my late grandfather, Charles Greer’s farm near Red Rock. The West Half of the Southwest Quarter (W/2 SW/4) of Section Twenty-four (24), Township Twenty-three (23) North, Range One (1) West of the Indian Meridian containing 80 acres. As the crow flies, 5 miles West of Red Rock, 1/2 mile South, on the East Side of the road. We all live in California and we didn’t know who to turn to. We listened to too many people. First of all, we paid $300 to an abstract company in Perry to prepare a Mineral Ownership Report. (I have contacted each and every descendant of the people listed on the Mineral Ownership Report – mostly my first and second cousins.) Then we asked an attorney in Perry to help us. It took him 6 months to inform us that he was too busy to take our case. He referred us to an attorney in Stillwater. The attorney in Stillwater prepared and filed an Affidavit of Ownership with the Noble County Clerk’s Office for my two sisters and me. (Our father forgot to mention his mineral ownership in his will.) We asked the attorney to negotiate a contract with an oil company for us. He told us that he would be glad to look at a contract from an oil company after we had one. I guess the attorney expects us to negotiate for ourselves, and he will only help us if after contract is written. We didn’t know how to get an oil company to offer us a contract, so I contacted the landman again. He offered us $200 per mineral acre, after he had offered us $300 an acre one year ago. In the meantime, we heard through from a friend of a friend that a well is being drilled ½ mile from my grandfather’s farm. My question is how do I get an oil company to offer a lease? Or should I counter offer the landman with a price that is above what we expect to get? Has anyone heard of what the going rate is for leasing near Red Rock? Does anyone know about the well that is supposedly being drilled near Red Rock? We need advice badly!
Just to clarify my previous blog – my grandfather had 3 producing oil wells on his property from the mid 1940’s through the mid 1960’s. I became interested in the wells again about a year ago when a landman offered me a lease of $300 per mineral acre. Now, just a year later, he’s offering us $200.
My sister’s name is Cynthia. You are in a very interesting spot. They have just started horizontal wells in you section. They have never drilled this type of well there before and the first one in 23n-1w is next to you in Sec. 23. If they get a good well it would make yours worth a lot more. They have applied for what is called a spacing in Sec. 3, 10, 11, 25, 27, 28, 29, 31, 32, 33, and 34. This is the first step before drilling can occur. Here is a map that might help. Click on this link.
ftp://ftp-fc.sc.egov.usda.gov/OK/tech/gis/Web/County_Base_Maps/4103…
Look it over get your questions ready and a I will send you some more info. a little later. Don’t worry about the oil co they will contact you if they have a good address which the Affidavit of Ownership will give them. In Grady Co. the leasing started at about $500 they drilled a few Horiz. wells , now it is like $1800.
Ron, Thank you for the copy of the spacing. I am embarrassed to admit that I don’t know what our interest is under 24. I only know how much of the total 80 acres of mineral rights each relative owns. There is much for me to learn.
Cynthia your in a good spot, it may pay to slow down . I’ll get some info together and get back to you after noon. A lot of new activity around there.
Here is a copy of the spacing for sec 23 next to you. http://imaging.occeweb.com/AP/Orders/0302DA07.pdf
That is your interest and don’t be embarrassed this is not something you deal with every day. How many acres ? Do you have questions ?
Ron, Thank you so much for the information! Going to research “spacing.” The map is great! Thanks again!
Cynthia Do you know what your interest is under 24.
Grandpa had 80 acres. Questions…When the spacing document says that the wells have to be at least 330 feet apart, does that include the horizontal portion of the well? How far do they typically drill horizontally? When they drill horizontally, do they have to be careful not to drill under someone else’s property?
Yes it is the horizontal portion. Most horizontals run across the section which is 1 mile however they are drilling some now across 2 sections. Yes they are very careful. Do you and your two sisters have the whole 80 acres.