Old will and probate on my wife’s mineral rights

#1

My wife has old wills showing that the family has minerals in several counties. Her mother never transferred it in her name and can not find the original name on any records. Some of the family have and do receive mineral royalties currently. Do we need to hire a attorney to get a quick claim and find out how to get our name in these properties. The Stephens County location is Section 25 T2S R5W and the grandparents name is Francis E Miller.

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#2

It could be under his fathers name. E.W. Miller

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#3

Were the wills probated? Make a list of each of the descriptions in the wills. Talk to the relatives and see if their wells with royalties are in the same descriptions. I do not see any current production in 25-2S-5W. Search the unclaimed funds in the state where the ancestor’s lived and also in OK and Delaware (since many companies are domiciled there). Are there any other counties with minerals? I am not seeing any Millers belonging to that section listed above.

You may have to hire a landman/woman to search the records. They are less expensive than an attorney. Once you find the correct path of ownership, then you may be able to hire an attorney to correct the chain of title.

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#4

Thank you Martha Barnes

it is difficult to find a land person to do research. It seems each one works in different counties. My wife mother has a probate in Texas. the older wills go back to the 1940’s. Another OK county was Jefferson section 7 T4S R6W. In Texas is Bailey County, Castro County. another state is New Mexico, Roosevelt. none of these counties have been put in my wife name. we do have in her name in Roberts County and Reeves County in Texas plus receiving revenue. With several states involved and not much if any revenue or drilling in these counties, what does one do to correct this and at least have in her name. is it worth doing it?

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#5

I can help a bit on the hunt in OK. She will have to file a foreign probate in OK in order to officially get it in her name for that state. Once that is done, she will have to make sure she posts the foreign probate documents in each county that has the mineral acres or the Landmen will not be able to find her. She will probably have to do the same thing in New Mexico.

No production in 7-4S-6W. Oklahoma

Reeves County, Texas is one of the hottest counties in the country, so you really need to check on that one. I would suggest posting the location of that acreage in the Reeves, Co TX category and asking if anyone knows how to search the area. Clint Liles is a pretty good resource on the forum for Texas.

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#6

My wife does have the Reeves and Roberts county in her name and also receiving royalties at this time. I appreciate your help and will get in touch with someone to do the filings.

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#7

Never hurts to get it all tidied up and then make sure she has them all included in her will as well. Who would have thought 15 years ago that all this horizontal drilling would be happening now? Places that had been dormant for years were seeing new drilling. Makes it easier for the next generation! Or a charity if you go that way.

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#8

We have found her name in the county records. What is next? Do we send in her Texas probate and a warranty Deed to transfer into her name?

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#9

Wish it were that easy. If it is a Texas probate, then you need to file a “foreign” probate in OK and then after that is done, the probate can be listed in each county where there are minerals.

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#10

If a probate was in another state it may qualify for an ancillary probate here if a certain procedure was followed. If not it is likely eligible for a summary probate procedure.

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#11

Does the foreign probate in Oklahoma have to be filed in one of the counties where there are minerals or can it be any county?

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#12

It has to be filed in the counties where the minerals are. If it’s in more than one county, you need to file in each county.

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#13

An Oklahoma probate is needed, this can be an ancillary probate or summary probate. Once an Oklahoma court order is determined, it can be filed in any other Oklahoma county. A probate from another state will not clear title. Richard Winblad, Attorney

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#14

Thanks, Richard. Can the probate case be filed in an Oklahoma county where the deceased did not own any property & never lived and then the Final Account be recorded in the county where the minerals are?

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#15

The statute states that if a non-Oklahoma resident died, then the case should be brought in a county where he or she owned property. If there are more than one counties it only has to be brought in one of those. Once the order is entered it is sent to the other counties for filing.

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#16

Thank you. Appreciate the explanation.

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