# Concerns of activity, what to do when a family member dies with their part of land minerals?
**URL:** https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661
**Category:** General Mineral Rights Discussion
**Created:** [June 9, 2017, 6:15am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661 "2017-06-09T06:15:12Z")
**Posts on this page:** 12
**Page:** 1
### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 9, 2017, 6:15am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/1 "2017-06-09T06:15:12Z")
My brothers and I have over 18 acres on Township 19, Range 12N, Range 10W and was wondering if there is any activity around that area? Also, one of my brothers has recently passed away, how do we settle his portion? We would like it to go to his wife. What do we have to do?
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### Author:  [@K11](https://www.mineralrightsforum.com/u/K11)
#### Post date: [June 9, 2017, 3:11pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/2 "2017-06-09T15:11:48Z")
Did your brother have a will? Or was it in a trust? More than likely, you will have to file for probate to get it into his wife’s name. Unless him and his wife owned equally, with rights of survivorship.
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### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 9, 2017, 4:18pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/3 "2017-06-09T16:18:47Z")
Will have to check with the wife. No, it was just in the sibling’s name. If we choose to do anything with the minerals or land, we would still have to file for probate? Thank you.
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### Author:  [@James\_Marrow](https://www.mineralrightsforum.com/u/James_Marrow)
#### Post date: [June 9, 2017, 6:12pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/4 "2017-06-09T18:12:36Z")
Not sure which state you are speaking of. Did brother live in that same state? If so, and if a will, what did it say about inheritance? All states have a line of accession for those dying without a will, so it will depend on the state law.
There is a possibility that you can file an affidavit of heirship to clear the title in that state, but again, circumstances dictate.
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### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 21, 2017, 8:42pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/5 "2017-06-21T20:42:05Z")
We are in Texas, the land is in Oklahoma.
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### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 22, 2017, 12:50am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/6 "2017-06-22T00:50:40Z")
My brother did have a will and left everything to his wife. On the deed, it was just the names of the siblings and none of the spouses. They live in Texas and the land is in Canadian County, Oklahoma.
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### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [June 22, 2017, 5:41pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/7 "2017-06-22T17:41:11Z")
You should contact an estate attorney in Oklahoma as most likely the wife will need to file ancillary probate to get the property transferred to her. Any prospective lessee will require that the title be cleared as no one can sign on behalf of your deceased brother without proper legal authority. I am assuming that probate is being filed in Texas.
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### Author:  [@Carol\_Dakan](https://www.mineralrightsforum.com/u/Carol_Dakan)
#### Post date: [June 23, 2017, 1:31am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/8 "2017-06-23T01:31:44Z")
I had to file an ancillary probate in Oklahoma. I used Tim Dowd in Oklahoma City. (405) 232-3722. He was very good and handled everything quickly. He has been doing this for a long time. I highly recommend him.
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### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 24, 2017, 2:10am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/9 "2017-06-24T02:10:04Z")
Thank you very much. Will check into this.
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### Author:  [@S\_Lambert](https://www.mineralrightsforum.com/u/S_Lambert)
#### Post date: [June 24, 2017, 2:10am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/10 "2017-06-24T02:10:29Z")
Thank you so much for the info.
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### Author:  [@Larry\_W\_Love](https://www.mineralrightsforum.com/u/Larry_W_Love)
#### Post date: [July 11, 2017, 2:28am UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/11 "2017-07-11T02:28:14Z")
Also check to see how you and your brothers acquired the property in your names. Was there a designation like “co-tenants”, joint tenants, tenants in common etc. following your names? Did you purchase it together?
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 14, 2018, 10:26pm UTC](https://www.mineralrightsforum.com/t/concerns-of-activity-what-to-do-when-a-family-member-dies-with-their-part-of-land-minerals/2661/12 "2018-08-14T22:26:00Z")