I was contacted by a group that wanted to purchase minerals in Beckham County, Oklahoma. This would be minerals owned by a great uncle that passed away in 1953 with no will. The group found that my mother was the heir, but she has also passed away. How do I pursue ownership and title? Thank you.
Contact an estate attorney and get them to help you file the proper paperwork, not the group that wants to buy your minerals as they may not have your best interest in mind. Your attorney works for you. Often buyers know about pending activity, so do not be in a rush to sell without finding out what is going on. You can post the location in the correct county and local folks may help you with activity. See the Counties tab above.
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How to Pursue Ownership & Title: By your description it sounds as though your great uncle was not survived by any descendants and that there was no will.
In Oklahoma a mineral interest is an interest in land. After the death of an individual who owned the property in his/her own name (not in trust, transfer on death deed, joint tenancy, or life estate) there are two methods for the heir to be recognized as the owner:
Probate: This is a legal process that can often be handled in a fairly short amount of time (as little as 50-75 days). Many attorneys can handle these on a flat fee basis. For uncomplicated cases there is seldom a need for any of the inheriting family members to travel to Oklahoma. Once a final order is entered, a certified copy is filed with the land records. This transfers the interest from the estate of the decedent to the rightful heirs. Probate is appropriate even if the decedent did not leave a Last Will and Testament.
Out-of-State Probates: Another thing that seems strange is the requirement for a probate in the state where the minerals are located even though there was a probate where the decedent lived. The reason is that the courts of one state do not have the jurisdiction to enter orders that affect the title to land holdings in a different state. That is why an ancillary or summary probate is needed in the state where the minerals are located. This is a simplified process.
Affidavit of Heirship: : This is a document that reports the decedent’s death, the names of decedents and surviving spouse. This is filed with the land records. Essentially this provides notice of the death and identifies those who are believed to be entitled to inherit. If there is a Last Willand Testament, it can be attached. Often heirs are asked to provide this when a lease is signed. However, there are a few problems with this approach. An affidavit of heirship does not provide “marketable title” to the heirs unless it has been on file for 10 years and nothing appears in the land records to contradict the affidavit. If there is a Will, many title attorneys question whether an affidavit of heirship is effective because only a court can determine the validity of a Will. Finally, many companies will not pay royalties on an AOH until the ten years have run. An AOH approach may make the most sense when the royalty payments are too small to justify the cost of a probate. Something that bewilders many is that the same company that took a lease and paid a bonus based upon an AOH will turn around and require a probate before paying royalties.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
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