My father forgot to transfer his rights in his will for mineral rights in Stephens County, OK. He has not received much lease income over the years and probably forgot about it. He lived in another state. Every attorney I have spoken to in the local area said it will be about $4000-$5000 to process the probate and the paperwork to transfer title to the heirs. His will was very straight forward and had no debts in OK. Is it possible for the family to file on our own for the probate or any suggestions? WIthout any current lease income, hard to justify that cost. Rights are on Section 32-2S-4W.
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Linda: Those amounts are high if a summary probate or ancillary probate is possible. See: Ancillary Probates? Why can't I use the homestate probate to clear up title issues Many attorneys charge a flat fee. Some local attorneys in the county where the minerals are located tend to quote prices.
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Thank you. We did not file probate in his home state as he had everything set up (with the exception of this) as transfer on death to us kids. WIll that matter?
No need for a probate in the home state. Summary probate probably the answer. 60-90 days to complete once filed.
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