Fred, Mineral rights are considered Real Property in OK and are treated differently than non-titled assets. There is something called ‘Simple Probate’ in OK that may work, but get an attorney’s advice before using any probate shortcuts. Probate Shortcuts in Oklahoma
My mother-in-law died in 1998 and my spouse died in 2001. MIL didn’t have a will, we had to probate hers for Devon but only took it down to my deceased husband. He had an unprobated will, and I got affidavits from the 4 children to me for the Garfield County minerals, even though I was the sole heir on his will. Devon paid when all of the above was complete. The lease person also filed an affidavit of Heirship for me. Don’t know where I would really be if ever wanted to sell, it was enough that they paid me for production.
The children did quitclaim deeds?
Fred, most operators will accept an affidavit of heirship, which is less expensive, and some want you to probate. You will have to file one or the other. Contact Attorney Charles McBride in Stillwater (405) 624-9990, and he can explain the differences and advise you on which one is best for your situation.
Matha, we don’t have any title issues with these particular sections. In fact, we filed a quiet title suit in regards to this land back in January 2015 when Plymouth sold the wells to Devon. Devon agreed to take a suit over probate to satisfy them. Now Devon sells to Special and when I send an affidavit to them, this is their response.
An Affidavit of Heirship does not transfer title. A probate must be done in the State of Oklahoma and if the owner left no will, then Oklahoma State Laws of Descent and Distribution will apply.
Well with the price of oil being what it is:
Q: Can a small estate avoid probate? A: Yes. If the cumulative value of a deceased person’s probate property (not including real estate) that would otherwise go through probate court is less than $20,000, that property can be obtained by the deceased person’s successors by the use of a Small Estates Affidavit.
Deborah, Hang in there. Many wells have been decreased.
Ok, my wife dies without a will and one of the operators wants me to spend money for a probate but the way I understand the Oklahoma Intestate laws if I can show death certificate and marriage license shouldn’t that be enough to prove I am the surviving spouse without having to spend thousands for a probate?
Martha, so each operator dictates what they will accept or not accept?
Fred
Looking for a good oil and gas attorney in the Enid area for my brother in law. Need someone who has reasonable fees..thanks!
From what I read today it looks like we should be getting paperwork from White Star. Now I will start studying and reading about White Star and its operations. If nothing else this oil/gas business has given me a pastime hobby for the last 3-4 years. I used to be into genealogy for many many years. I can see the correlation between the two. Landmen would be up my alley, I love to do research too bad the business has dwindled and I am 62, we both are past the prime. Ha.
Deborah, OK Energy Today reports: “Oklahoma City-based American Energy-Woodford (AEW) LLC announced today it has changed its name to White Star Petroleum LLC as a stand-alone company. At the same time, it is making a $200 million purchase of assets from Devon Energy.” AEW was Aubrey McClendon’s oil and gas business.
Linda, David Trojan is a good one. He’s a friend of mine. Been there a while.
Tim, did David once work at Chesapeake?
I had heard that Ok Energy had some of the wells in Noble and Garfield County, but they never had mine. My last check came from Devon. It is all just a matter of time; who knows who will eventually own most of the wells, time of turmoil!
Would like to find out how much my neighbors got for their lease recently. Is there a shortcut to avoid going to the courthouse?
Bob, if you need to get your own independent landman my attorney recommends Monte Hoffman with Easton Land Services. Oil price will go to $60 - 65 soon and lease bonuses should rise also.
Deborah, I am in Garfield County southeast of Enid, and there is some leasing going on now. We have 5 quarter sections up for grabs by June 17 currently held by Chaparral, and another quarter southeast of Bison coming due in December currently held by Longfellow. A neighbor 1 mile north leased to Chaparral last week, so I am going to the courthouse tomorrow to see what the bonus was. Their land man has everything screwed up, so I told him we’re not signing anything until he gets it right. We will probably hold out for $300 an acre with no extension.
Thanks, Martha. Good info. I will check him out.
Since Devon announced the sale of nonessential wells in the Mississippi and Woodford back in April, makes you wonder if they will produce any more of them until the sale is official. I’ve been watching for April production on the Corporation Commission and not there yet. I was truly shocked on the production for March. Not huge, but larger than most times. Also was reading about Devon selling the salt water disposal wells to White Star as well, and how the lawsuits are still there from earthquakes.