My grandfather owned mineral rights for property in Creek county. He had an undivided 1/2 interest in 30 acres in Creek County purchased February, 1952. He passed away and there was a probate estate opened. His personal property and home were handled through the probate estate divided 1/2 each to his two sons, my father and my uncle. The mineral rights were not specifically mentioned.
Companies have contacted my uncle and father to lease the land which my father did. I have all documents from his probate estate and the recorder's office. I feel like to have clear title we need to do an Affidavit of Heirship to be recorded with the Recorder's Office to show transfer from my grandfather to my dad and uncle - is that how it works in Oklahoma?
Next question - my uncle has now passed and his two sons have been approached to lease - which they aren't going to do. He predeceased his wife and no estate was opened. My aunt is now deceased too. Do we also need an affidavit of heirship for my uncle to my cousins?
My cousins and my father now want to transfer their interests to myself and my two sisters. What kind of deed do we need and are there forms someplace? Would it be a better idea to put the mineral rights in a trust or an LLC with my sisters?
thanks in advance for any input any of you have. We hired an attorney in Skiatook to help us, but after many many months and phone calls we received a bill for $800 mentioning an Affidavit that had been drafted. When I called to get a copy of what they had done and ask why the bill was double what they said it would be - the assistant couldn't find it on the computer and about a week later I got a letter saying we didn't have to pay the bill and they couldn't help us with this matter. I work for an attorney in Missouri and was pretty shocked at how unprofessional they were. So, I'm reaching out to this form to "help me help myself."
Sandy "Shehi" Stone
Sandy, where were the wills probated? I am not an attorney, so anything i say should be overwritten by an attorney. My experience was to file in the OK county a copy of the probated will, assuming they list the descendancy. Then I believe you could simply do a conveyance from the last owner under the will, say, your father, to you and your cousins. I couldn't tell if your uncle or aunt had a will, but if not, they would follow the OK laws of intestacy, and I don't know what they are. The affidavit of heirship might or might not work. One way for sure is to contact the oil company to see what they need to clear the title. If you lease with them, it could be they can fix this for you.
Thank you for the response. My grandfather's will was probated in another county in Oklahoma. As I mentioned, everything was distributed to my father and uncle, including the real estate where the home was located, EXCEPT the mineral rights were not mentioned in the Final Settlement. I acknowledge everyone (the oil company wanted a lease) acknowledges that my uncle and father now own the rights, I'm just trying to make sure it's a legal transfer since it wasn't specifically mentioned in the probate distribution. I'm assuming what the oil company acknowledges as a line of title, may not be what the recorder's office and Court acknowledge. In Missouri we would do the heirship affidavit to clear the title with the recorder's office.
i understand what you are saying. perhaps a call to the County clerk can help settle the answer?
Almost universally, the final order or final decree in a probate will recite that all other property not shown or that is hereafter discovered will go the stated heirs. So, if the probate was finished, then the minerals went to father and uncle. You wouldn't file an affidavit except to put people on notice. An affidavit doesn't transfer title in Oklahoma.
You could file an affidavit showing that gf died and his final order is attached, and the minerals in the section, township and range were distributed as stated. That would put the probate of record in Creek county.
Now, as to your uncle, at some point a probate will need to be filed. You can file an affidavit of heirship of record so that a landman can locate the heirs. But, if there is production, an oil company will typically require a probate for clear title.
The transfer can be done by a mineral deed.
I ended up calling an Oklahoma attorney. She said for my grandfathers interest not mentioned in his probate estate that an Oklahoma attorney would need to file an Affidavit of After Discovered Assets and then record the final document with the County Recorder to clear title from my grandfather to my dad and uncle. I work for an attorney in Missouri and we don't do that kind of document here. I've been unable to find a form or format so we can try to do it ourselves. Any ideas?
Creek County E1/2 of NW1/4 of S11,T14N, R9E