My brother and I recently received a notification from OK Corp Commission for increased well density by Citizen Energy III LLC, Case 2023-000183T, Sec 35 Town 12N Range 10W. I have researched and found the maps, wells and the following: My grandfather had inherited mineral rights in two sections and a court case filed in 2013 by distant relatives determined legal heirs and my grandfather’s interest. When my grandfather passed, my grandmother filed an Affidavit of Heirship in Canadian County in 1997 and she passed away in 2005.
Two questions: Where do I start? Do I contact the attorney listed on the notice or do I contact Citizen relations?
How do I know if an Affidavit of Heirship is sufficient or my grandmother’s will will need to be probated in OK? Thank you
If done property, your grandmother’s affidavit of heirship should vest “marketable title” in as set forth in that document if during the 10 years nothing contrary to its statements were filed.
An AOH in Oklahoma is usually not accepted by division order analysts until the 10 period has passed. This is especially true if the royalties are large royalties. The statute allow an affidavit of heirship with a copy of a will attached. However, there title examiners appear to be reluctant to accept these because a Will requires a court to approve it. This is a long way of saying that it is likely that you will need a probate.
You did not mention your grandmother’s child (your parent). I am assuming that your parent predeceased her or that she left the minerals to you.
You can contact Citizen’s attorney, perhaps he/she can put you in touch with the division order analyst who can tell you what is needed to clear up your title.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
If your parent inherited from your grandmother before you and your brother, you may need to probate the parent’s estate or wait 10 years for an Affidavit of Heirship to vest. Some Division Order analysts will go ahead and pay on an affidavit. However, you would not be able to sell or deed the minerals until after the 10 years are up. In the meantime, if they pass into your estate or your brother’s, there things would be complicated further.
If you find you decide you need to probate your parent’s estate, you might ask the estate attorney about doing a Summary Probate. If the estate qualifies, a Summary Probate is usually quicker and costs less than a full-blown probate.
Since your grandmother died in 2005, her estate would qualify for a summary probate. Normally, 65-90 process from the date of filing with no need to appear in Oklahoma or before the court in 99% of the cases.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Thank you for your response! I should have mentioned that my father was estranged from the family and grandmother’s will specifically left everything to myself, my brother and/or her grand children. In 2006, the will was probated in NM but not in OK. My estranged father passed away in 2011.
If they accept an affidavit of heirship, you are probably good for now. But don’t be surprised in the event that another operator takes over, the new one may have more stringent requirements.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
I reviewed the affidavit filed by my grandmother and it does not have a place to list my brother or myself as heirs. The affidavit only has a place to list children in which she listed my father. I will discuss with my brother, contact Citizen and most likely an attorney to review everything. Thank you