I currently have minerals in two Oklahoma counties, Atoka and Jefferson. The Atoka minerals have a producing gas well and the Jefferson minerals were leased until this past year. I receive regular checks from Bravo-Arkoma for the gas well and was paid for the lease. But I've never had any type of deed for either. They were just part of an inheritance after my father's probate.
I would like to transfer these minerals to my great nephew as a high school graduation gift. If I'm correct in my research, I only need to file quitclaim deeds in both counties. Is that correct? And should I notify Bravo-Arkoma so they'll know where to send future checks?
Thanks so much,
Rich Eubanks
Ocklawaha, FL
Seems simple enough. My experience with our minerals in Oklahoma is that you could file an affidavit of heirship with the oil company to transfer royalty payments and, if the estate was probated in Oklahoma, just file an appropriate deed to transfer the ownership to your great nephew. However, if the estate was not probated in Oklahoma (as was my case last year) you would likely have to go through a simple probate in Oklahoma so you’d have to get an attorney in Oklahoma to handle it. Others may be better qualified to give more advice as I’m just talking from what we had to do.
If there was a probated will in another state, my experience is that the heir files a certified copy of the probated will, along with letters testamentary, and an order appointing executor with each Oklahoma county. Be sure to also file a notarized assignment deed, if you are the heir. I’ve done this in 7 Oklahoma Counties and it was pretty simple.
Sorry. I said heir but I meant executor.
Yes, I should have made it clearer, we’re in California (unfortunately lately) and here probates are not needed if you have a family trust but Oklahoma will not accept a family trust, so you have to do a probate, we had to do our probate in Oklahoma.