When speaking with a “clerk” at the Grady county court house I was referred to the “land clerk” when I had thought I was wanting to reach the “court” clerk. My questions are Is this only in Grady county or do I ask for someone else at the Oklahoma county clerk’s desk? Exactly what’s the difference aside from the obvious definition? And to go in person for filing a probate designation of heirs from another county which do I go see in Grady county? IM CONFUSED, AGAIN! As always, thank you for all yall do to educate this old rookie. Be blessed.
Don’t feel bad. This confuses most at first. The “Court” Clerk files documents from the court in that County. and is separate from the “County Clerk” which files most of documents - wills-probated, land mineral deeds, liens on property - loans even things like change of address – if you look on-line there is a list of the types of documents that can be filed for “Public Record” … Probated Wills from courts in other Counties would be filed with the County Clerk. Court Documents are filed both at the Court Clerks office as well as the County Clerks office if the same County(sometimes). !!! —
They( the clerks) always have different offices and phone numbers… Many times if you can’t find a probated will at the Court Clerk it will be recorded with the County Clerk. I would make certain it’s filed in both places if it’s from that County Court. Maybe someone has more info on that…
I think this is one reason Lawyers get most of their business - where to look and how – Just ask the County Clerk what you should do – they are usually very helpful — and don’t forget the last 30 years or so of the County Clerks records are now on-line…
In Oklahoma, the Court Clerk for each county maintains the cases filed in that county. For example if you were filing a divorce, filing a probate, or suing someone over a contract dispute you would go to the Court Clerk.
In Oklahoma, the County Clerk deals with everything related to real property (land/surface/minerals, etc) for that county. If you needed to file a Warranty Deed, a Mortgage, or Lien on real property you would go to the County Clerk. In Oklahoma as a general practice, unprobated wills are not filed with the County Clerk.
Probates are a little tricky when it comes to real property because you would file a probate case with the Court Clerk, but once it is finalized you file the Final Order with the County Clerk. You do this to show notice of the real property being distributed by the Final Order.
Probates are tricky, in Oklahoma there are several alternative procedures that can be used. Each has unique notice, publication, and pleading requirements. That is why attorneys who don’t do probates hire other attorneys practice in that area. You will find that often attorneys can provide probate services for a flat fee.
All the previous replies provide good information, but I’m going to add one little piece of advice to theirs. If you ever file an address change or any other Notice to the Public, be sure to include the Section-Township-Range description of your property so that the information will show up in the Tract Book for the section where your minerals are located. Without that, the document will usually only be filed in the reception records and can be easily overlooked when a landman is checking title.
Wow! Thank you to everyone! I’m not quite as confused but I get it. And I shall do precisely as suggested. I’m so glad this forum exists, a true Godsend! Be blessed
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