# Probate Query
**URL:** https://www.mineralrightsforum.com/t/probate-query/45891
**Category:** McClain County, OK
**Created:** [May 14, 2019, 4:39pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891 "2019-05-14T16:39:08Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@jacs](https://www.mineralrightsforum.com/u/jacs)
#### Post date: [May 14, 2019, 4:39pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891/1 "2019-05-14T16:39:08Z")
My grandfather owned mineral rights in McClain County, Sections 32 & 33. He passed in Texas (will was probated in Texas) with 2 living heirs: my mother, deceased (lived in Texas) and his son, now living in Oklahoma. My mom did not leave a will but we (3 living children of Mom in Texas) did obtain an Affidavit of Heirship. My cousin is probating my grandfather’s will in Oklahoma. Do you know if this probate will suffice for myself and 2 siblings in Texas, as well as my uncle in Oklahoma?
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### Author:  [@Frank\_Pfisch](https://www.mineralrightsforum.com/u/Frank_Pfisch)
#### Post date: [May 14, 2019, 6:00pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891/2 "2019-05-14T18:00:32Z")
Those are straight up legal questions. If one of the lawyer members here doesn’t volunteer answers, you should consult an attorney IMHO.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [May 14, 2019, 6:02pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891/3 "2019-05-14T18:02:30Z")
This is not likely unless your uncle is doing a joint probate (grandfather & your mother). However, since your mother lived in Texas a summary probate is available in Oklahoma. Once the paperwork is signed you are looking at 60-75 days to get the land split between you and your siblings. This can be done without the need for any of your family to travel to Oklahoma. If she did not leave a Will then the matter falls into intestacy. If she was not married at her time of death then her children would inherit her share of grandfather’s property.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [May 14, 2019, 6:03pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891/4 "2019-05-14T18:03:34Z")
> [@Oklahoma Probate Options](https://www.mineralrightsforum.com/t/oklahoma-probate-options/42576):
>
> A parent, spouse or relative died and they owned or oil & gas mineral rights in Oklahoma: Has one of these happened to you? -An investor wants to buy minerals owned by a family member who has died. -An oil company wants to lease minerals that were in your mother or father’s name. -Your relative was receiving royalty payments but won’t pay you until there is a probate. No Need to Appear in Court Most probate cases can be handled without the need of any appearance by a relative in court. The …
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### Author:  [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 6:03pm UTC](https://www.mineralrightsforum.com/t/probate-query/45891/5 "2025-01-11T18:03:57Z")