# Filing an Affidavit of Heirship
**URL:** https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886
**Category:** Oklahoma Mineral Rights
**Created:** [October 6, 2019, 8:27pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886 "2019-10-06T20:27:14Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@Mommamonster79](https://www.mineralrightsforum.com/u/Mommamonster79)
#### Post date: [October 6, 2019, 8:27pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/1 "2019-10-06T20:27:14Z")
Any tips on doing this? I’ve read the directions and it says that it should be filled out by 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?
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### Author:  [@Michael\_Hutchison](https://www.mineralrightsforum.com/u/Michael_Hutchison)
#### Post date: [October 7, 2019, 3:27am UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/2 "2019-10-07T03:27:39Z")
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 complicated. Meaning proof of heirship must be proven by probate or other legal means in order to collect royalties.
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### Author:  [@Mommamonster79](https://www.mineralrightsforum.com/u/Mommamonster79)
#### Post date: [October 7, 2019, 10:59am UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/3 "2019-10-07T10:59:08Z")
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.
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### Author:  [@M\_Barnes](https://www.mineralrightsforum.com/u/M_Barnes)
#### Post date: [October 7, 2019, 1:46pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/4 "2019-10-07T13:46:08Z")
Most companies in OK require the foreign probate to be filed.
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### Author:  [@dbmaul](https://www.mineralrightsforum.com/u/dbmaul)
#### Post date: [October 7, 2019, 3:38pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/5 "2019-10-07T15:38:08Z")
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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### Author:  [@Don\_Bray](https://www.mineralrightsforum.com/u/Don_Bray)
#### Post date: [October 7, 2019, 6:52pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/6 "2019-10-07T18:52:10Z")
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.) 🙂
My dad and cousins are now receiving royalties on 2 horizontal wells.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [October 8, 2019, 6:34pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/7 "2019-10-08T18:34:44Z")
You will probably end up needing a probate if the property is in Oklahoma unless it is a very tiny interest.
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### Author:  [@janleigh1003](https://www.mineralrightsforum.com/u/janleigh1003)
#### Post date: [October 9, 2019, 9:12pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/8 "2019-10-09T21:12:12Z")
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 County and it is more expensive to do the full probate than the worth of the mineral rights.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [October 11, 2019, 6:07pm UTC](https://www.mineralrightsforum.com/t/filing-an-affidavit-of-heirship/51886/9 "2019-10-11T18:07:16Z")
This would qualify for an ancillary or summary probate.
> [@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. …