# Affidavit of Heirship Form
**URL:** https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520
**Category:** Ownership and Title
**Created:** [July 10, 2023, 2:40pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520 "2023-07-10T14:40:21Z")
**Posts on this page:** 13
**Page:** 1
### Author:  [@TonyaM](https://www.mineralrightsforum.com/u/TonyaM)
#### Post date: [July 10, 2023, 2:40pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/1 "2023-07-10T14:40:21Z")
My mom recently passed away and I need to fill out an Affidavit of Heirship.
Does anyone or can anyone send me a form that I can fill out so I can have it filed?
Any help would be greatly appreciated.
Thank you.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [July 10, 2023, 2:55pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/2 "2023-07-10T14:55:52Z")
The affidavit may vary by state. For which state do you need it? The attorneys on the site may have an exact answer.
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### Author:  [@TonyaM](https://www.mineralrightsforum.com/u/TonyaM)
#### Post date: [July 10, 2023, 3:20pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/3 "2023-07-10T15:20:12Z")
The affidavit is for Oklahoma.
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### Author:  [@Laura\_L](https://www.mineralrightsforum.com/u/Laura_L)
#### Post date: [July 10, 2023, 6:57pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/4 "2023-07-10T18:57:06Z")
I just Googled online for one from VA and it just took a minute to locate. There are downloadable PDFs by state.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [July 10, 2023, 7:12pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/5 "2023-07-10T19:12:02Z")
> **[When and How to Use Oklahoma’s Affidavits Instead of Probate - Oklahoma Bar...](https://www.okbar.org/barjournal/february-2021/2021-stewart-jameel-2/)**
>
> Oklahoma Bar Journal When and How to Use Oklahoma’s Affidavits Instead of Probate By Sarah Stewart and Hiba Jameel One of the hardest things we face in our lives is the death of a loved one. The grief and stress associated with that loss can be...
[OK-Proof of Death and Heirship.pdf](https://www.mineralrightsforum.com/uploads/short-url/wSZ05GVstArTKy0fMS9eEBIUdxu.pdf) (183.6 KB)
Not giving legal advice. Just found the information online. You probably do need to consult an attorney to make sure you file it in the correct place. Most likely in every county that has mineral rights.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [July 10, 2023, 7:26pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/6 "2023-07-10T19:26:31Z")
If there are producing mineral acres, then the heirs need to notify the operators for what they will need to transfer the pay status to the new heirs. They may or may not require a probate.
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### Author:  [@TonyaM](https://www.mineralrightsforum.com/u/TonyaM)
#### Post date: [July 10, 2023, 8:19pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/7 "2023-07-10T20:19:06Z")
Thank you so much. This is very helpful.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [July 10, 2023, 8:26pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/8 "2023-07-10T20:26:34Z")
Here is the statute regarding an affidavit of heirship.
[Acquiring a Severed Mineral Interest from Decedent - Establishing Marketable Title (oscn.net)](https://www.oscn.net/applications/oscn/deliverdocument.asp?id=104290)
Often a company requesting the document will use their own form.
Many companies want a disinterested individual to sign the affidavit though not required under the Oklahoma statute.
Don’t be surprised if a company requests an affidavit of heirship then later still insist on probate in Oklahoma.
_ **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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### Author:  [@Elizabeth\_T](https://www.mineralrightsforum.com/u/Elizabeth_T)
#### Post date: [July 10, 2023, 10:15pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/9 "2023-07-10T22:15:10Z")
Sorry to hear about your mom. My husband’s mother passed away recently too and he inherited his mother’s mineral rights in Oklahoma. We contacted the Oklahoma Mineral Owner Registry and they directed us to the drilling company who drilled where Mom had mineral rights. From there, the drilling company prepared for us the Affidavit of Heirship which you have to have notarized and sent to the Oklahoma Courthouse in that County. And we didn’t need an attorney for probate as Mom had no Will, owned no real estate in Oklahoma and my husband (her son) was her only child and Mom’s husband had predeceased her. Hope this helps.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [July 11, 2023, 1:22pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/10 "2023-07-11T13:22:10Z")
I would bypass the Oklahoma Mineral Registry and go directly to the Oklahoma Corporation Commission wellrecords link to see if there are any wells on the acreage You may need to check the sections touching yours as the wells are posted by their surface locations.
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### Author:  [@TonyaM](https://www.mineralrightsforum.com/u/TonyaM)
#### Post date: [July 11, 2023, 4:03pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/11 "2023-07-11T16:03:27Z")
Hi Elizabeth,
Thank you so much for the condolences and the information. This is very helpful. I really appreciate it. It’s so nice to know that we have this forum to help assist others.
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### Author:  [@Larry\_W\_Love](https://www.mineralrightsforum.com/u/Larry_W_Love)
#### Post date: [July 16, 2023, 4:07am UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/12 "2023-07-16T04:07:27Z")
Sorry for your loss. Our prayers are with you. Please add in what state your mother lived as affidavits can vary by state.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [October 8, 2023, 2:41pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-form/71520/13 "2023-10-08T14:41:17Z")
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