# Advice on acquiring mineral deed
**URL:** https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744
**Category:** Ownership and Title
**Created:** [May 30, 2019, 9:43pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744 "2019-05-30T21:43:08Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [May 30, 2019, 9:43pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/1 "2019-05-30T21:43:08Z")
I’m hoping you can give me some advice on sorting out some unclaimed property. I found out that Oklahoma Unclaimed Property is holding 4 accounts under my name that I wasn’t aware of. They are all Mineral Interests with varying amounts from $12 to $1500 at 2N 20E Section 17 in Beaver County, Oklahoma. My brothers also have some unclaimed accounts but they haven’t looked into them yet. I’ve been assigned a contact person in the Unclaimed Property Division and have been told they need a Mineral Deed or a statement with the current property owners’ name. I haven’t been able to find a deed—I have looked through my files, my brother (executor of our father’s will) has looked through his and I’ve checked with Oklahoma County Records, who didn’t have a deed on file but did have a Proof of Death and Heirship for my dad and one for his mother. But when I submitted those documents, the unclaimed office now says they will not accept anything but a Mineral Deed in either my name, my dad’s name, or my grandmother’s name. I also have a Division Order from Unit Petroleum Co. that lists me as Owner but they will not accept that either. I’ve hit a wall with this and now I’m asking you, The Forum. Any suggestions on where I might find that deed?
Thank you, Desiree Peat
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [May 31, 2019, 3:52am UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/2 "2019-05-31T03:52:39Z")
Sounds like there is a probate needed. Get title requirements from entity holding funds. A person named as executor in a Will has no authority until approved by a probate judge.
> [@Oklahoma Probate Options](https://www.mineralrightsforum.com/t/oklahoma-probate-options/42576):
>
> A parent, spouse or relative died and they owned or oil & gas mineral rights in Oklahoma: Has one of these happened to you? An investor wants to buy minerals owned by a family member who has died. An oil company wants to lease minerals that were in your mother or father’s name. Your relative was receiving royalty payments but won’t pay you until there is a probate. No Need to Appear in Court Most probate cases can be handled without the need of any appearance by a relative in court. …
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [May 31, 2019, 1:19pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/3 "2019-05-31T13:19:01Z")
Ask Unit if they have a copy of the lease that holds the property. That might help. You may still have to go through the probate to get any others.
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### Author:  [@Elaine\_Nickelson](https://www.mineralrightsforum.com/u/Elaine_Nickelson)
#### Post date: [May 31, 2019, 1:26pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/4 "2019-05-31T13:26:45Z")
When you say you checked with Oklahoma County Records, do you mean Oklahoma County? Did you check with the clerk of the Beaver County Records to see if anything shows up under either of your parents’ names?
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [May 31, 2019, 7:45pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/5 "2019-05-31T19:45:35Z")
To search Beaver County specifically use [https://okcountyrecords.com/search/beaver#advanced-search](https://okcountyrecords.com/search/beaver#advanced-search)
For probate cases start here: [OSCN Docket Search](http://www.oscn.net/dockets/Search.aspx)
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### Author:  [@ABond](https://www.mineralrightsforum.com/u/ABond)
#### Post date: [June 2, 2019, 5:29pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/6 "2019-06-02T17:29:10Z")
If the will hasn’t been probated, then you’ll have to do that. Once you do, the executor of the estate can execute a mineral deed into you out of your father’s estate. You’ll have to record that deed in the county the minerals are in. They might as well make it a County or Statewide conveyance while they’re at it.
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 3, 2019, 2:38pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/7 "2019-06-03T14:38:57Z")
I did search the Beaver County Records specifically and found the Proof of Death and Heirships there. I’ve also been in contact with their office and asked if they had any other documents and was told that was all they had on file. Thank you all for your quick and helpful follow-ups. I will certainly look into all of your suggestions. Looks like probate will be my next plan of attack!
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### Author:  [@52cb](https://www.mineralrightsforum.com/u/52cb)
#### Post date: [June 4, 2019, 5:26pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/8 "2019-06-04T17:26:20Z")
You said that you have a division order from Unit Petroleum Co. that lists you as owner. A division order is normally based on an attorney’s title opinion (usually called a “division order title opinion”) that lists the owners of the property. You should ask Unit Petroleum Co. for a copy of the title opinion and other information they have (such as an abstract of title) that shows that you are an owner of the property. With that information in hand, you could speak to the attorney who wrote the division order title opinion, and ask him/her for a copy of the documents they relied upon to determine your ownership. Those documents should satisfy the Unclaimed Property Division.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [June 4, 2019, 5:43pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/9 "2019-06-04T17:43:30Z")
The operator will not usually give you a copy of the entire title opinion as they are quite expensive to create. I have not had trouble asking very nicely for a copy of the paragraph of the title opinion that pertains to my ownership.
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 6, 2019, 6:11pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/10 "2019-06-06T18:11:02Z")
I will start with asking Unit for a copy of the title opinion or the paragraph Ms. Barnes mentioned if need be and any other info pertaining to my case. They have been very helpful in the past so I’m sure they will offer any documents they have on hand. And I will continue from there. If I come across information that is helpful in obtaining the mineral deed or successfully claiming the accounts that hasn’t been mentioned here, I will share it with you. Thank you all very much for your help!
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [June 6, 2019, 10:47pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/11 "2019-06-06T22:47:41Z")
Looks like probate will be my next plan of attack!
This is the most likely answer. The company may have title requirements that they are willing to share. These basically describe what is needed to put the royalties into pay status (out of suspense).
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 7, 2019, 1:11pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/12 "2019-06-07T13:11:36Z")
Well, Unit says, “Unfortunately, we cannot send the title opinion to royalty owners, and the gentleman who prepared it has passed away.”
If probate is my next option, I’m wondering if $2,392.27 is worth pursuing at this point. I’m also trying to get my affairs in order since I’ve been diagnosed with Parkinson’s Disease. I’m okay, just want to get this stuff done while I can to make it easy on my family in the future.
I would love to hear your opinions on whether or not it’s worth pursuing, not so much for the money, but for passing this on to my son.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [June 7, 2019, 5:50pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/13 "2019-06-07T17:50:22Z")
A probate would cost more than the $2,392 in suspense. It is difficult to predict what next hot area will be or the development of new technologies that could make Beaver County more valuable. However, once the property is in your hands a simple mineral trust or Transfer on Death Deed would mean that your son would not need to go through probate to pass on the minerals.
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 10, 2019, 1:40pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/14 "2019-06-10T13:40:04Z")
Thank you, Mr. Winblad. Your response is leading me toward dropping my pursuit of the accounts. I have a lot on my to-do list and this will go to the bottom for now. My kind contact at Unit Petro emailed me this today:
“I am not sure why the state does not accept the affidavit. We have accepted the affidavit, which is why there are not any title requirements associated with your interest. We currently have you in a pay status. However, the well is shut-in, so it is not currently producing. Since the affidavits are filed, that means that record title is up to date in the county records, so if future wells are drilled, you will be the record title owner. Also, if we produce this well again, we show you as the current owner. So, the only funds thing that does not seem to be available to you, is the money that the State is holding. I might make sure that Unclaimed property knows that Unit has you in a pay status, and I would also check to see how much a probate would cost.”
So I will advise Unclaimed of the above and move on. Thank you all for your advice. If anyone out there knows of an affordable way to move forward, I’m all ears!
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [June 11, 2019, 5:56pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/15 "2019-06-11T17:56:44Z")
DRP: Here is what I would do. If not already done, file Affidavit with death certificate & copy of Will. Then have your brother execute a mineral deed to the heirs under the L/W&T of your father and file it. Then send a copy of the recorded deed to the unclaimed property division. Worth a try.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [June 11, 2019, 8:16pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/16 "2019-06-11T20:16:38Z")
If the funds are less than $10k with the OK Unclaimed Property Division, you should be able to use an affidavit and their process. Some attorneys have been known to handle a probate for a share of the funds and/or acreage.
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 12, 2019, 12:53pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/17 "2019-06-12T12:53:09Z")
TODD\_M\_Baker, Would we file Affidavit, death certificate, and Will with Beaver County Records? I’m guessing we would need a lawyer to execute the mineral deed. Would a lawyer also be needed to file the above documents?
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [June 12, 2019, 5:19pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/18 "2019-06-12T17:19:20Z")
DRP- Yes, the affidavit with the attached copy of the death certificate and will would be filed against the property in Beaver County. The executor of the will would execute the mineral deed, as grantor, and the heirs under the will would be the grantee(s). You don’t need a lawyer to do any of this.
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### Author:  [@Drp](https://www.mineralrightsforum.com/u/Drp)
#### Post date: [June 13, 2019, 1:34pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/19 "2019-06-13T13:34:38Z")
I’m not sure the amount justifies the time and legwork for me and my brother. TODD\_M\_Baker, thank you for your offer to help. I may reach out at some point in the future.
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### Author:  [@Kenny\_DuBose](https://www.mineralrightsforum.com/u/Kenny_DuBose)
#### Post date: [June 13, 2019, 1:36pm UTC](https://www.mineralrightsforum.com/t/advice-on-acquiring-mineral-deed/46744/20 "2019-06-13T13:36:15Z")