Inherited a small fractional mineral interest in Okfuskee and Creek Counties. The will was probated in Dallas County,Texas. What is the process for getting the minerals into my name?
Is it possible just to get the will recorded in the respective counties or is another probate procedure required?
These are small interest with no production. So, I'm not wanting to spend a bunch of money on this. Should I just wait for landman to contact me?
Mr. Woods
Out of of state probates are not sufficient for marketable title in Oklahoma. You would need to have an ancillary probate hearing in an any Oklahoma county admitting the probate from Texas into an Oklahoma Court. That is not a cheap process per se, but that's what is required for marketable title.
If you just want the landman to know who owns them, you could, in each respective county, file an affidavit of heirship with the death certificate and final decree attached as an exhibit.
Mr. Murray
I thank you. Seems the affidavit of heirship is the way to go, then do the probate if needed by a lease or distribution requirement. I really appreciate your prompt reply.
My pleasure.
I don't know much about Oklahoma O&G law. Is filing a Certified Copy of Probate from Dallas County into the Okfuskee and Creek County Deed Records not an option in this case? In Texas, a Certified Copy of Probate is always better than an Affidavit of Heirship, and achieves the same thing: putting the public on notice about the current owners of some piece of real property.
Jordan Murray said:
Mr. Woods
Out of of state probates are not sufficient for marketable title in Oklahoma. You would need to have an ancillary probate hearing in an any Oklahoma county admitting the probate from Texas into an Oklahoma Court. That is not a cheap process per se, but that's what is required for marketable title.
If you just want the landman to know who owns them, you could, in each respective county, file an affidavit of heirship with the death certificate and final decree attached as an exhibit.
I don't know much about Oklahoma O&G law. Is filing a Certified Copy of Probate from Dallas County into the Okfuskee and Creek County Deed Records not an option in this case?
Filing a certified copy can be done. But, it will not provide marketable title. Mr. Woods will need to have an ancillary or summary probate done in Oklahoma. However, if the revenue is relatively small, the oil company may accept an affidavit of death and heirship or the Texas probate. But they don't have to.
Thanks all. I just punted and went with spending the money to file ancillary probate. It's costing at least twice as much to file in Oklahoma, as filing in three other states.
So in Oklahoma it makes no difference if a Will is found to be valid and probated in another state, and a certified copy thereof filed in the Deed Records, you're saying that the Executor will have to go through a whole separate Probate case in Oklahoma in order to provide marketable title to the Decedent's real-property assets located in Oklahoma? Wow, I wonder how many states have that requirement. I guess that's one way to keep the lawyers employed.
tim dowd said:
I don't know much about Oklahoma O&G law. Is filing a Certified Copy of Probate from Dallas County into the Okfuskee and Creek County Deed Records not an option in this case?
Filing a certified copy can be done. But, it will not provide marketable title. Mr. Woods will need to have an ancillary or summary probate done in Oklahoma. However, if the revenue is relatively small, the oil company may accept an affidavit of death and heirship or the Texas probate. But they don't have to.
Pete,
For the most part that is correct. If the Will was probated elsewhere, then the only real benefit is that the Will will not have to go through the same proofs as to validity. Many states abide by the same rule that Oklahoma does, Oklahoma real property requires an Oklahoma probate. To take it a little further, it is also Oklahoma law that applies to the interpretation of the Will and the distribution of the estate. I believe that it is more of a step toward protecting families, or remaining parts of the families, living in that specific state.
I guess that's why they call it an "ancillary" probate, meaning a kind of "follow-up" probate to the main one done in the other state, with the main difference between the two proabate proceedings being that the Oklahoma court will accept the findings of the Court in the other state as to the validity of the Will and require the parties to go through that again. I think North Dakota has this same set-up with having to get the additional probate done there.
M. Chase Ritter said:
If the Will was probated elsewhere, then the only real benefit is that the Will will not have to go through the same proofs as to validity.
Texas is the only state that I know of that only requires an exemplified copy of the foreign probate (out of state probate) be filed with the county clerk. All other states that I’ve worked (Alabama, Louisiana, Oklahoma, Mississippi, Utah, ND, Montana) require their own formal in-state probate proceedings for a will to be valid and recognized. Some offer alternatives to ancillary probate, but none are as simplified as Texas.