# 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:** 1
**Showing post:** 3

<div class="post-metadata">

### Author: ![Richard\_Winblad](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/richard_winblad/32/11511_2.png) [@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")

</div>

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. …

---

_[View the full topic](https://www.mineralrightsforum.com/t/dying-intestate/47977)._
