Does Probate Give Clear Title in Oklahoma?

Inherited my mineral rights from my mother in Carter County by a “Quitclaim” deed. She got her mineral rights from my dad through his will, so not through a mineral deed. No one is challenging my ownership and I have documentation of purchases of royalty interest back to the early 1900’s.

Last year I received several different offers for my royalty. The potential purchasers all wanted me to transfer everything to them with a full “Mineral” deed with all of its warranties. What would be my exposure? If I have my dad’s estate probated will that give me a clear deed so I can give these buyers a mineral deed?

  1. Probate is one way to clean up title assuming that your father had clear title to the property. A title opinion would tell you whether your father had title and what your share would be.
  2. A warranty deed could be very costly to you if title is not clear. That is why many sellers prefer to use a quit claim deed.

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