Garfield County. My brother recently passed. Who do I contact to get his half of our 180 acres put into my name.
Any response is much appreciated.
Garfield County. My brother recently passed. Who do I contact to get his half of our 180 acres put into my name.
Any response is much appreciated.
I’m very sorry for the recent loss of your brother.
Someone please correct me if I’m wrong, but before anything is transferred, I believe you may need to file a probate for the property/estate (assuming Garfield County in Oklahoma?) if it hasn’t already been done. Oklahoma is pretty strict about requiring probates for estates/property.
Oklahoma, yes. Probate is in process.
Unless he had a transfer on death deed, had it properly titled in a trust then probate would probably be needed.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
My understanding is that once the probate is completed (which follows your brother’s will), you’ll be good to go legally, and all that remains would be notifying any relevant oil companies of his passing and that you now own his mineral rights.
Any good oil company involved should have no problem getting it taken care of. You’ll likely just need to send them a copy of his last will and testament, and a copy of the county-filed probate (which I believe should include specific details of the mineral rights he owned).
We used a Mineral Deed of Distribution at the end of the probate. Executed by the Personal Representative of the Estate. Specified what rights were transferred and to whom. The deed was prepared by our attorney who was handling the probate. This was in North Dakota , OK may differ.
The probate proceeding will be finalized and the a Court order should be filed in Garfield County establishing the transfer of interest from your brother’s estate to you. Stay in contact with the attorney of the executor of the estate for updates on the progress.
This is correct, a final order in Oklahoma that distributes the estate acts as a deed provided that it contains the legal descriptions of the minerals & is filed with County Clerk (Recorder of Deeds) where the minerals are located.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
Ahh, Winblad got me on not being more specific with my post. Good to know that someone is watching.