Question re: distribution of mother's mineral interests

I have been contacting companies to split my mother's mineral interests - mostly in Oklahoma. She died in Texas and left her entire estate to 8 remaining children, with no other possible heirs and an uncontested will that was probated in Texas. Most companies have accepted certified copies of Texas Will and Death certificate, filed in the appropriate Oklahoma County. Only one company is asking for

"If the owner died with a Will probated in a state other than Oklahoma:

n Copy of death certificate

n Final order issued by Oklahoma court in ancillary or summary proceedings in order to follow the distribution ordered by the court

o Affidavit of Heirship recorded in Oklahoma (NOTE: An Affidavit of Heirship is not Marketable Title and the Property will be distribute according to the Laws of Decent and Distribution for State of Oklahoma which may or may not allocate as stated in the Last Well)"

Does this mean we have to hire an Oklahoma attorney to handle this. No other comapny has required us to hire an attorney. Any idea what we can do? Thanks for any help.


It is my understanding that the one company is correct and the others are not correct. Oklahoma law requires probate. Even if producers or purchasers accept the foreign probate documents, you will likely run into problems in the future because it will cloud the title chain.

I think it is going to fall under “pay them now or pay them later”. Obtaining an attorney to do it now may save the heirs of the estate quite a bit in the future. It will sure save some headaches.

Google Oklahoma Ancillary Probate and you will come up with several articles on the issue.

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