# Dying Intestate
**URL:** https://www.mineralrightsforum.com/t/dying-intestate/47977
**Category:** Law & Legal
**Created:** [July 2, 2019, 1:55am UTC](https://www.mineralrightsforum.com/t/dying-intestate/47977 "2019-07-02T01:55:35Z")
**Posts on this page:** 4
**Page:** 1
### Author:  [@Luvcoupeville](https://www.mineralrightsforum.com/u/Luvcoupeville)
#### Post date: [July 2, 2019, 1:55am UTC](https://www.mineralrightsforum.com/t/dying-intestate/47977/1 "2019-07-02T01:55:35Z")
Dying intestate in California where spouse inherits all but with oil and gas rights in Oklahoma where they are shared between surviving family. Which state takes precedence with oil and gas rights? I have seen the statute for Oklahoma but no one has been able to show me a statute specifically for this situation.
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [July 2, 2019, 2:52am UTC](https://www.mineralrightsforum.com/t/dying-intestate/47977/2 "2019-07-02T02:52:21Z")
The laws of the state where the real property resides take precedence over all else.
In Oklahoma, there are different ‘rules’ for determining the heirship. Spouse, children, more than one spouse, siblings, deceased before/after July 1, 1995. Was the property acquired during coverture or inherited property? As you can see, dying intestate causes many headaches & heartaches.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [July 2, 2019, 9:08pm UTC](https://www.mineralrightsforum.com/t/dying-intestate/47977/3 "2019-07-02T21:08:43Z")
Todd is correct, Oklahoma intestacy law controls over minerals.
You can read the following: Keep in mind that there are two sections, one for pre 7/1/1985 deaths and one for those who died thereafter.
> **[Intestacy - Descent and Distribution](https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029)**
You probably won’t find an Oklahoma statute. But caselaw is clear that
[Estate of Boyd v. Boyd, 321 P.3d 1001 (Okla. Civ. App., 2014)](http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=321+P.3d+1001) says that the laws of another state have no bearing on property rights in Oklahoma.
In short, even if a probate is done in California, an Oklahoma probate will be required to clear title.
Fortunately, Oklahoma has good options for expedited probate of non-resident decedents.
> [@Oklahoma Probate Options](https://www.mineralrightsforum.com/t/oklahoma-probate-options/42576):
>
> A parent, spouse or relative died and they owned or oil & gas mineral rights in Oklahoma: Has one of these happened to you? An investor wants to buy minerals owned by a family member who has died. An oil company wants to lease minerals that were in your mother or father’s name. Your relative was receiving royalty payments but won’t pay you until there is a probate. No Need to Appear in Court Most probate cases can be handled without the need of any appearance by a relative in court. …
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### Author:  [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 7:29pm UTC](https://www.mineralrightsforum.com/t/dying-intestate/47977/4 "2025-01-11T19:29:01Z")