Filing an Affidavit of Heirship

Any tips on doing this?? I’ve read the directions and it says that it should be filled out be someone who would not benefit but is familiar with the family, but there isn’t anyone like that. Even I did not know the deceased, but am married to one of his sons. Should I fill it out or have my husband do it??

Any other tips or tricks I need to know??

MM, I filed one on my deceased brother and even though I expected to benefit it was accepted for leasing purposes but when it came to paying royalties it got comlicated. Meaning proof of heirship must be proven by probate or other legal means in order to collect royalties.

Awesome, thank you! We have probate papers from another state, so hopefully that will help until we are able to file the foreign probate papers in OK.

Most companies in OK require the foreign probate to be filed.

M_Barnes is correct. However, it is not that difficult to get an ancillary probate filed.

You can call the court clerk for the county(s) the minerals are located in and ask them about how you can go about getting your probate from _______ indexed against the section here where the mineral rights are located or you can speak with your attorney and they can take care of getting everything filed’.

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After a call from a landman related to 12.5 NMA I started one on my deceased grandfather for my dad and his brother’s children. I then emailed it to my attorney who is familiar with the family history and he inserted his name and address as the affiant. He signed and had it notarized and then I picked it up and filed it with the Grady County Clerk’s Office. My attorney did not charge me anything, so the only cost was the $17.00 filing fee with the clerk’s office. (Still waiting on my dad and cousins to reimburse me the $17.00.) :slight_smile:

My dad and cousins are now receiving royalties on 2 horizontal wells.

You will probably end up needing a probate if the property in Oklahoma unless it is a very tiny interest.

I spoke to an attorney friend who has relatives that are lawyers in Oklahoma. He told me I could not file an Affidavit of Heirship on some small inherited properties because the affidavit states that the will has not gone through probate anywhere. I’m trying to find an Oklahoma probate lawyer that will file an Ancillary Probate, which hopefully is less expensive than a full probate. We evaluated the properties in Comanche Co. and it is more expensive to do the full probate than the worth of the mineral rights.

This would qualify for an ancillary or summary probate.