My father passed away in Oregon in 1990. He didn’t own anything and was divorced and had no will. My deceased grandmother had provided the information on his death certificate. I was estranged from my father and his side of the family. I reached out in the last 15 years to my aunt, his only sister. She contacted me a few years back and told me we own mineral rights for land in McClain County, Oklahoma. She informed a landman who was leasing that I was her brothers only child and the landman contacted me. I signed a lease and they had me record an affidavit of heirship with the county clerk. I recently received copies of court proceedings regarding drilling. After receiving this I proceeded to educate myself a little bit on division orders, royalties, etc. On the pooling order I noticed my deceased grandfather name listed under “Respondents with unknown addresses” he is listed as deceased and “Curative” is under his name. Then it lists my father as deceased. My question is, what do I need to do about establishing my rights to my fathers minerals? He had no will when he passed and no probate was done. How do I prove that I am his only heir? I am concerned because I have read several places that sometimes they hold royalties in suspense if it is unclear if you are an heir. There are several descendents involved in this and this is for 76 acres of land. Any information will be helpful…where do I start? Thank you!
Holly,
Make certain that the recorded HOA includes your grandfather's name and relationship to your father, your aunt, and then you.
Then keep track of the expiration date of the lease you sign and if a good well is drilled before the lease expires, the operator's title people will eventually get in touch with you if your grandfather was deemed to own minerals in McClain.
Not much more you can do to lay claim to an interest. Good Job.
Gary L Hutchinson
Holly: Looks like Gary's suggestions are best. Your Affidavit of heirship must have satisfied the McClain County Clerk. That would leave on 76 acres your aunt and you as the two closest. By keeping track of the expiration date of the lease you signed you would have the royalty on a well drilled.