Is the term “probate decree” the correct phrase describing the outcome of a probate proceeding? I’m assuming this is the document that would declare who own’s minerals that were passed down. Is that correct?
Where should this be filed? My first thought is for sure in the county/state where the minerals are located, but I’m thinking also maybe where the dude or dudette died?
In Oklahoma, it is mostly described as a Final Decree. It “should” set forth the final decree & distribution for any and all assets of the decedent.
I am always careful to not use the words such as you did about who owns minerals, as the decree can only distribute what is owned by the decedent and nothing more. Most attorney don’t do title research on the assets of the Estate, mostly due to financial considerations. Just because a Final Decree states that the decedent owns an interest does not make it so.
There is no real reason to file it any place other than where the decedent owned real property.
Let’s define terms. If a probate is conducted in Oklahoma for a decedent who died owning minerals in Oklahoma, the court case should be filed and the case decided in the county where the decedent was a resident, regardless of where the minerals are located. Example: X is a resident of Oklahoma county but owns minerals in Grady County and McClain County. The court case should be conducted in Oklahoma county, but the final Decree should then be recorded in the County Clerk’s office in Grady and McClain counties.
If the decedent was not a resident of Oklahoma and did not die in Oklahoma, then the court case can be conducted in any county where the decedent owned minerals. The final decree should be recorded in the County Clerk’s office of all counties where the decedent owned minerals.
Also, if there are just minerals that need to be probated, this can usually be handled by mail with no need for the heirs to travel to Oklahoma.
This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.
The nature of you post implies the decedent died without a Will. In Texas, the proceeding would be an heirship proceeding resulting in a Judgment Determining Heirship, which should be recorded in the real property records of each county in which surface or minerals were owned in Texas. The judgment will list the heirs and the fractional interest of property each heir inherited, which differs between community property and separate property.
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