# Affidavit of Heirship Questions
**URL:** https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982
**Category:** McClain County, OK
**Created:** [April 18, 2022, 8:17pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982 "2022-04-18T20:17:51Z")
**Posts on this page:** 8
**Page:** 1
### Author:  [@JAHopkins](https://www.mineralrightsforum.com/u/JAHopkins)
#### Post date: [April 18, 2022, 8:17pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/1 "2022-04-18T20:17:51Z")
Hello. I have been working with what I think is a landman who is connected to one of the energy companies. I have provided him with a bunch of family records, death certificates, etc. This has taken about 4 months. He has indicated the next step will be is to execute an Affidavit of Heirship.
Question: What happens after you file an Affidavit of Heirship? Can you please walk me through the timeline of what to expect next? Thanks.
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### Author:  [@A\_Monty](https://www.mineralrightsforum.com/u/A_Monty)
#### Post date: [April 20, 2022, 5:12pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/2 "2022-04-20T17:12:29Z")
Hopefully, others more knowledgeable than I will respond. In the meantime, I will give it a go, but I am not an attorney. It is my understanding that legal title to mineral rights cannot be transferred via Affidavit of Heirship until 10 years have elapsed since the filing of such an affidavit. This is to give other potential heirs a chance to protest. Some oil companies may accept an Affidavit of Heirship and go ahead and purchase a lease. However, the oil companies are not obligated to pay royalties until the mineral owner has a legal title which, in the case of an Affidavit of Heirship, would be 10 years. I believe some oil companies will start paying royalties based on an Affidavit of Heirship, but if the title is ever successfully contested, they can demand the money back. The person you are dealing with is probably trying to save you the expense of probate, but just be aware that ownership of the minerals cannot be sold or transferred until there is a legal (marketable) title. As always in situations like this, it’s best not to take the advice of a rank amateur and instead consult an attorney who is knowledgeable in oil and gas matters.
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### Author:  [@JAHopkins](https://www.mineralrightsforum.com/u/JAHopkins)
#### Post date: [April 26, 2022, 8:11pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/3 "2022-04-26T20:11:32Z")
Thanks, Monty. I appreciate you taking the time to respond.
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### Author:  [@Landguy405](https://www.mineralrightsforum.com/u/Landguy405)
#### Post date: [April 27, 2022, 3:29am UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/4 "2022-04-27T03:29:18Z")
A\_Monty is correct. It is the “easy” way to transfer title without having a probate. It is up to the company operating the well if they put you in “pay status”.
You can sell minerals you received via affidavit of heirship but that’s up to the company buying the minerals. It is a risk for them. Same goes for leasing.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [April 27, 2022, 3:42pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/5 "2022-04-27T15:42:23Z")
A-Monty’s recitation is spot-on. Too often I have had people who jump through the Affidavit of Heirship process only to have the company (or the company who takes over) state that a probate is needed. AOH is definitely cheaper. Apart from the 10 year clock to create marketable title, there is a risk that a party examining title will not be satisfied with the AOH, then require a new one thereby restarting the clock. If the minerals are valuable then probate is usually the better answer.
_This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship._
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### Author:  [@JAHopkins](https://www.mineralrightsforum.com/u/JAHopkins)
#### Post date: [April 27, 2022, 7:42pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/6 "2022-04-27T19:42:37Z")
Thanks, Richard. Say there are many heirs. Is the company able to pick and choose which AOHs they will accept and which ones they will require probate?
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [April 27, 2022, 8:35pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/7 "2022-04-27T20:35:26Z")
Some companies seem to have a policy regarding title requirements. If the royalties are small, some accept an AOH. Others seem to request them only to turn around and require a probate. AOHs seem to be more accepted in Texas based upon its laws. However Oklahoma has that 10 year caveat. Also, an AOH might not be clear or reveal other issues.
_This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship._
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [July 17, 2022, 8:17pm UTC](https://www.mineralrightsforum.com/t/affidavit-of-heirship-questions/65982/8 "2022-07-17T20:17:56Z")
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