What happens when an owner of mineral rights passes away and they didn’t leave them to anyone? I don’t believe this person ever had children, just a sister and a nephew.
If someone did not leave a Last Will and Testament or have a Trust, it would pass to their heirs through intestate succession. Each state has statutes that state who the heirs would be and how the estate assets would be divided among the heirs. You would be required to do a probate with the court relying on the intestacy statutes, which would then distribute the estate assets.
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Each state has similar intestacy statutes. For example in Oklahoma if the deceased was unmarried and childless person dies without a plan (Will, trust or Transfer on Death Deed, etc). Then the parents inherit. But if the parents predeceased, then it would be inherited by siblings. The statute reads in part as follows:
… If there be no issue [children], nor husband nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister, by right of representation; …
In this case the sister would be entitled to inherit. If the nephew from a deceased brother or sister, then he would inherit.
A probate attorney in the state and county in which minerals are located will need to be hired,
Thank you all for your reply’s, I have relayed your answers on to my distant cousins on what they should have checked out in Grady Co.
In most states attorneys are licensed statewide. Most attorneys with a significant probate practice do so in multiple counties. Therefore, don’t limit a search for only attorneys within a certain town or county. Competency and value should be your primary concern.
Also, most clients never need to appear for a hearing in uncontested matters. There is no need to travel Oklahoma or the courthouse. Paperwork can be handled via the mail.
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