I received an offer to lease mineral rights that belonged to my deceased father. Property is in Blaine County 15-16N-13W & still in his name. First question - I know I have to file Affidavit to transfer to me & my siblings. Can it be done quickly via mail ? I called the county clerk but was told they do not research anything over the phone. Second question - I was told there is a pooling order on the property. What can be negotiated from that? Any help/direction would be appreciated...
HighMark of Irving, Texas, has force pooled this section. You can call someone at their land department. I did not see anyone named Mr Vallero in the list of respondents for this pooling order. Is your father's mineral interest already under an old lease being held by an old well?
His last name was McGee.
I'm sure you will get better advice from people back there but several things to consider. If you are in Oklahoma it is much easier (we're in CA). You will need a will that has been probated in OK since their law is different than some other states. Our parents had a family trust, no will, and no probate since CA doesn't require it. So, we had to get an attorney in OK to probate the case and then file with the oil company after our names were on the probate. You can get info on the property from the OKCC (OK Corporation Commmission), you can also get some info from their online database so look at their website. If you are in OK you can go to the Blaine County Courthouse and research the mineral deeds yourself. Hope that helps a little.
Was his name S.P. Magee?
Yes, although spelling should be McGee.
I live in Missouri, so I'm not able to go there. I have an Affidavit of Death & Heirship form from Oklahoma. I just wasn't sure how quickly they would handle it if I send it in.
Call me at 713-457-2485
See the attached pooling application by Highmark. You can contact them about leasing your interest and they can help you out. Or if you want to visit, contact me by e-mail: . A short answer is no, an Affidavit is not sufficient to transfer title, but it can act as putting the public on Notice of who is claiming a particular interest.
You will see S.P. MaGee on the last page.
Todd M. Baker
405-206-1112540-Sec.1516N13WBlaineCo..pdf (95.8 KB)
If you are researching on line with their, Blaine County, data base most likely it will only go as far back as 2001 and because of the oil boom the new information may not be available at this time. I have found that the best way to get the info you need to get started is from the landman on your track of land and/or minerals. You can hire an independent landman to research your interest and if you have a lease or have been pooled. Make sure you ask the per hour cost. I live in Colorado and have close to 400 acres of minerals I own and royalty rights that I get payment on. Doing the research was eye opening. I helped my mother get all the affidavits filed and sent with copy of death certificate, some require real ones which can be purchased from the funeral home you used or from the secretary of state, to the oil companies who would need to change their division orders. In my mother's family there were 8 siblings and some sold to other siblings and some to oil companies. After reading wills and trusts they were only allowed to sell to other family members, if you sold to an oil company and at any point in time if all tracks of land all at once are not producing any kind of minerals then all sales outside the family will go back to the owner. Make sure you carefully read the trusts and wills and if you decide to sell to an oil company and you have such a clause in your father's will the oil companies realize this. If all are not producing any kind of mineral then all royalties go to the owner of their tracts of land that were under the stipulation in our grandfather and grandmother wills. The owners as long as production, even if on one tract of land then it was shared in the owner had all the minerals but had to share the royalty payments, no damages etc just royalties. The owner has 1/2 plus 1/7 share of the other half of royalties while the siblings still owning royalty rights got an 1/7 share on 1/2 of the land or an 1/14 of all the land, which either way you want to say it. Just be mindful of all stipulations stated I. The wills and trusts. We found that each child's tract of land was just a little different due to sales, stipulations, ect. I really believe in using a land man to do the research. We use Rick Mullaney out of Elrino, oklahoma, thorough and quick and has the best price per hour. He has done 13 reports, or will have by the time he is done for me. Has helped tremendously since I found out that not one oil company since 1959 had changed the ownership percentages and that my parents had lost tons of oil and gas monies over all those years. So use a landman, check each oil company for accuracy, I wrote then a letter asking what they show as my % of minerals and royalties I own, what % they are paying me ie: 3/16, 1/5, 5/16, etc. And if it is figured over 120, 640, 1280 and make sure if over 1280 it is in weighting and is on all production not on the percent coming from your land. Sorry I went on and on but I learned way more than I ever wanted to about minerals, family just making deeds and collecting my minerals, and oil companies cheating me out of money. Oil companies have to pay 12% interest on any monies not received within 6 months of first day of production.