My favorite uncle was quite a business man, and I googled his will out of curiosity. I found the attorney that his drew his will credited him with 100% of my grandmother’s minerals rather than the 1/8 interest his wife, my aunt, inherited like each of the other seven siblings did. My uncle left all of the minerals to one niece. I filed an Affidavit of Heirship on behalf of my sister and myself. Is this sufficient documentation if anyone wants to lease the minerals and researches the heirs?
The will language was intended to cover 100% of the minerals that he owned at the time of his death. Most wills and deeds will list the gross acreage and minerals, not the net acreage and minerals, in order to cover all contingencies both at the time the will was prepared and in the future. For example, if your uncle owned 1/8 at the time the will was signed and also later acquired 1/8 from a sibling, then your uncle would have had to sign an entire new will to cover the 1/4 minerals. Your affidavit of heirship would generally be unncessary if the wills or other conveyances from your parents and predecessors have been properly filed in the state and county records. You should consult an oil and gas title attorney in the state where the minerals are located to determine whether your title is clear.
My uncle was only entitled to his wife’s 1/8 of the family minerals that my grandmother bequeathed in equal portions (1/8) to each of her eight children. The will was written incorrectly by my uncle’s attorney. My mother’s 1/8 mineral ownership was not probated in Oklahoma, and I filed Affidavits of Heirship in Garvin and McClain Cos to establish her ownership. Are my sister and I protected as heirs to our mother’s minerals, or do I need to pose this question to an Ok attorney? Thanks for responding.
If your grandmother’s will was probated in Oklahoma it should show the share to which your uncle’s wife was entitled. His will cannot alter his share. It is not unusual for the gross acreage to be listed without stating the fractional share.
The affidavit of heirship does not establish ownership in Oklahoma unless it is on file for 10 years. It sounds like you are missing a probate. This can usually be done without the need to travel to Oklahoma.