Oklahoma Citizenship Affidavit No Longer Required for Minerals effective 1/11/24

[Richard_Winblad]

Good News for Mineral Owners:

Previously Oklahoma required anybody receiving a deed involving real estate to completer an affidavit verifying their citizenship status. That Law has been amended. Beginning November 1, 2024, the definition of Land for purposes of the citizenship affidavit has changed as follows:

5. “Land” means the same as defined in Section 6 of this title, but shall not include oil, gas, other minerals, or any interest therein.

This should simplify a an individual or trustee’s ability to convey minerals to multiple beneficiaries. Mixed surface and minerals shall still require an affidavit.

The law also clarifies that the filing of a Transfer on Death Deed does not trigger the affidavit requirement. However, a beneficiary filing an affidavit after the death of the owner will need such an affidavit.

SB 1705 enrolled-final-version.pdf (74.4 KB)

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

[RDFindley]

IDK. I kind of like the idea of knowing if foreign entities or individuals are buying the mineral out from under us.

[TODD_M_Baker]

Liars will lie. This was/is an ill conceived bandaid for a much greater problem that has nothing to do with oil & gas.

[Bob77]

The requirement was meant for farmland, oil and gas got drug into it The thinking centered around marijuana, hay and cattle that foreign companies are buying 1000’s of acres for various purposes (weed, hay, cattle). At the end of the day, an affidavit isn’t going to stop “farmer bill” from selling his land, so it’s a giant waste of time.

[James_Garner1]

Thanks for the update Richard. Some of the deputy clerks are still pushing back on this requirement issue.