Is probate required in Oklahoma?


#1

Minerals being transferred to me. Grantor has relatives in her title chain that did not have probate done, all they did was Affidavits of death/heirship when the minerals were leased a few years ago. If I am ever able to get the tract leased again, for me to have clear title must probate be done on these people?

One died a year ago (had a will leaving all to my Grantor), one maybe ten years ago (no will), other one maybe 20 years ago (no will). It went grandmother to mother to my grantor and her brother and then her brother died, leaving his part to her. If it ever gets leased and drilled, I don't want them holding up royalties on me.

And anyone have any idea how much a pretty simple OK probate would cost? (Not lots of properties, maybe half a dozen mineral interests.)

And how long it takes?


#2

Yes, probate is required to change the title, ours was much simpler than yours sounds.It cost less than $3500. It took about 90 days.

When we asked for a referral, we got Perryman and Caywood, who happened to be with the same firm. We used Caywood and it worked out well.

Kerry Caywood

Park, Nelson, Caywood, Jones and Perryman, LLP

122 North Fourth Street

P. O. Box 968

Chickasha, OK 73■■■■

Telephone (405) ■■■■

The post below was also helpful and the case it links to may be more like what you need with multiple deceased owners. Hope it helps.

Reply by R Story on March 9, 2017 at 4:05pm

I search around for a situation similar to your own and found this, which is of the more impressive timelines on an out of state probate case I have seen. This was done as a summary proceeding which expedites the time and saves you as the client money.

http://www.oscn.net/dockets/GetCaseInformation.aspx?db=oklahoma&...

It seems to mirror elements of your issue, except the above case was more complex than your own. The law firm can be found in the case.

There are also many good attorneys on this site and can be located in the market place button at the top.


#3

You probably won’t have many issues leasing the property, however when it comes time for payment of royalties the division order analyst might require probate.

Your facts would need to be examined. Hopefully, a summary probate would be appropriate.

In Oklahoma a “summary probate” is a simple process for the client. Many times a summary probate will put the minerals into the name of the heirs within a few months. To qualify for a summary probate one of the following is needed: -the decedent resided outside of Oklahoma; -the decedent died 5 or more years; or -the estate in Oklahoma is valued at $200,000 or less.

If a Will has been probated in another state, An ancillary probate may be used. Again a shortened timeframe.


#4

For a summary or ancillary probate is it better to use an attorney in the county where the minerals are or would a nearby county be ok or even someone 100 miles away?


#5

That depends on whether the attorney is willing to work on a flat fee. In some remote counties, attorneys charge outrageous fees. Traveling 100 miles is common in Oklahoma.


#6

Many times when doing Title work a “quiet Title” is needed. This requires an Advertisement ( notice ) to be placed in the local newspaper - and a visit to the court for the county. And the attorney will charge for this travel if needed. So, it may be best to use a local person…


#7

Sometimes it pays to hire a lawyer from the locale. Local knowledge is important.


#8

Judge Brauer is the judge in charge of probate in Grady County, he doesn’t require anybody but the attorney to appear in uncontested matters. He is fair with attorneys no matter their zip codes.


#9

Doesn’t have to be local to the county but make sure they specialize in oil and gas. So many attorneys aren’t well versed in oil and gas matters.


#10

How about in Stephens County, Richard?


#11

Generally Judge Russell handles probate matters in Stephens County which is located in Duncan Oklahoma.