Real estate title is governed by state law where the property (minerals) is located, not by the domicile of the owner. The size or value of real property does not affect the requirements. Some states, such as OK and NM, require ancillary probate for clear title. A landman may accept an affidavit for a lease, which may or may not be accepted by the attorney issuing the drilling title opinion. An OK attorney can advise you as to what works. This is one reason some owners are filing transfer on death deeds or use a entity such as LP or LLC.
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