I was willed an Oil, Gas and Mineral lease that I did not know existed in Louisiana. I have all of the original paperwork of everything including the Landman information. Over the years the Oil companies have sold. The Landman has pointed me in a direction, but I have no clue as to where I need to send the Will and Death Certificate in order to change and update the information to me? Should it go to the County Clerk's office or to the Oil companies? I have researched till I am blue in the face and I am still not clear as to who should receive it. This forum has been a huge help to me and very interesting. Any input will be greatly appreciated. Thank you.
the county clerk office notorize on a form rite of heirship or surviorship form
I don't know anything about Louisiana, but my sister and I inherited oil and gas rights in West Virginia, and we had to do the administration of the estate (decedent lived and died out of state) in West Virginia, including filing things with the County, and also notify the oil and gas companies.
West Virginia law required filing a copy of the will with the county, if a will exists. There is a different procedure if there is no will.
The County Clerk's office might be able to help you know the procedures to follow. You may need to trace lease assignments which in West Virginia should (but are not always) filed with the county clerk.
It could be very different in Louisiana, but the sooner you get started the better.
You must FILE the proper documents FIRST in the county clerks office.
THEN, you need to send a COPY of those FILED documents to ALL of the oil/gas companies from whom a check is received, and they will revise the division order and take it from there.
Just a heads up about Lou. minerals and that is a ruling that was passed in about 1980 that allows the m.i. to go to the surface ownership if not under lease or h.b.p. for over 10 years.
Please, no offense intended, but you are off base in many ways. The mineral servitude was first articulated in court cases in the 1920's. The minerals are actually not owned in place in Louisiana, but are a servitude in the nature of a profit a prendre - in he nature of an easement with the exclusive right to come and remove.
There is a 10 year prescriptive period in Louisiana as to contiguous servitudes. However the granting of an oil and gas lease does NOT create an interruption of prescription. Production, as you mentioned, does (along with several other actions). At the end of production, the 10 year prescriptive period runs anew as to contiguous servitudes.
You might want to read up on the mineral code. The code was assisted in its writing by a close friend of mine, King Milling of the firm Milling, Benson, Woodward, Hillyer and Pearson. Pity he is deceased. A tremendous legal theorist and great mind. An honor to talk to.
Tammy, my suggestion would be to contact the oil company to see what they require. If you do not plan on opening ancillary proceedings in Louisiana, they will direct you on their requirements. Simply filing a will in the COB of a parish does no good. The will has not been proved valid, there has been no executor confirmed and in Louisiana, they are not independent in nature. You need court authority to do almost anything. Also, by just filing a will, there will be no Judgement of Possession. That is a term particular to Louisiana and not one that Oklahoma, Pennsylvania, Colorado and Montana landmen typically are exposed to.