We are having a difficult time regarding our inherited mineral rights. I found that the affidavit of heir ship was recorded under the affiant’s name (family CPA) as grantor and grantee was listed as Public. This has caused our mineral rights to be at a dead end. We did not received notice of drilling etc. I have since had this corrected but how would anyone find this chain of ownership filed in the county clerks office before 1995. I have received letters stating that no certificate was filed. If this the usual way this is filed - I have sent information to the appropriate companies.
Also any word on EOG and section 6 T9N 4W - last I heard they were waiting on the final division order title opinion.
You (or a landman) may have to visit the county clerk to do a physical search. Make sure that EOG has your correct address and that the correct affidavit is filed. EOG is running behind.
Thank you for your help. This forum has been a big help to us and others who have questions and need a little guidance in dealing with inherited rights.
Accountants shouldn’t attempt to practice law. While smart in their field, they often make critical mistakes when they attempt probate, wills, trusts or land title work.
An attorney or landman may have written the Affidavit and just had the CPA (who knew the family history) sign it. The clerk’s office would be the ones who had listed the grantor and grantee names in the index or computer system. They are always hit or miss on listing all of the parties in a document and Public is listed as Grantee many times when it is an Affidavit or some other document besides a lease or deed.
An affidavit in heirship does not create “marketable” title unless:
The affidavit or recital must state that the decedent died without a will, or if the decedent had a will, that the will was never probated in Oklahoma and a copy of the will is attached to the affidavit or recital, or if the will was probated that the severed mineral interest was omitted from the final decree of the decedent and a copy of the will and final decree is attached to the affidavit or recital;*
2. The affidavit or recital must list the names of the decedent’s heirs and their relationship to the decedent;
3. The affidavit or recital must state that the maker is related to the decedent or otherwise has personal knowledge of the facts stated therein;
4. The affidavit or the title transaction that contains the recital must have been recorded for at least ten (10) years in the office of the county clerk in the county in which the real property is located; and
5. During the ten-year period following the recording of the affidavit or the title transaction that contains the recital, no instrument inconsistent with the heirship alleged in the affidavit or recital was filed in the office of the county clerk in the county in which the real property is located.
This is why most companies in Oklahoma require a probate.