Ancillary Probate Procedure - Oklahoma

Have a question on ancillary probate procedure in Oklahoma . The wills of our deceased relatives were probated in Texas. We were told we could not be paid royalty once production starts on our current lease since these wills were never probated it OK. If this is the case can go before the court with the certified will from Texas and have it probated or do we have to have an attorney do this. If we have to do the later can anyone tell me the approximate cost and any recommendations on attorneys in OK.

I also had to have worked done by an attorney in OK. I am from Texas. I used Tim Dowd in Oklahoma City. He was very fair and did a great and timely job. If needed, I would use him again. Timothy C. Dowd (405) 232-3746. He is with Elias, Books, Brown, and Nelson. Mr. Dowd went before the court, filed all papers, and my grandfathers estate was settled.

I am not an attorney, but I can tell you that I recorded certified copies of the will, letters testamentary, and order by the judge appointing me as the Executor of a testator living in Texas. Will was probated in Travis County, and only in Illinois did I have to "probate" the will again (which the operator let me do with an affidavit of heirship). I am assuming your testators were residents of Texas, not Oklahoma, in which case, if you know the location of the property, I would use a simple conveyance form from the Executor of the Estate to the heir, and file that, a copy of certified will, etc in the County in Oklahoma. I do not believe you have to reprobate this in Oklahoma to do what you want to do.

Most states, including Oklahoma, do no accept foreign probates. The methods you describe “May” put you in a pay status with some operators. However, it does not establish marketable title and the operator is assuming some risk if they do so.

It is very common to see operators accept such documentation when leasing. However more often than not, when it comes to paying on the production, the account will be placed into suspense until marketable title is established.

The correct method is to probate the estate in Oklahoma.

Great Question:

This is needed when a decedent has a probate completed in home state but the owned property in Oklahoma. This is typically interests in real property or mineral interest. In order to get the property titled in the names of the heirs or devisees, an "ancillary" probate is required. Fortunately, this process is fairly simple. Generally all that needs to be shown is that the home state probate admitted the Will, that all creditors were notified, that determined the heirs/devisees, approved the final account and distribution.

No Home State Probate? Non-resident decedents may qualify for summary probate procedure.

Time-frame: Generally, the process is 30-60 days depending upon the court's availability to hear the matter.

Hassle Factor: In most cases, there is no need to appoint a personal representative or executor. Therefore, no travel is required. In most cases, the matter can be resolved in one hearing.

Expenses come in two basic forms:

Costs: Which include court filing fees, newspaper publication, postage, parking, and recording with the register of deeds. This is generally $400.

Attorney's Fees: It is advisable to have the work done on a flat fee. These run about $2,200 to $2,600.

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