quiet title

My grandmother died without a will and did not have her estate go through probate. She was the original owner of the mineral rights. The oil company wants to do a quiet title to prove heirship. I already have an affidavit of heirship on file in McClain county. Why do they need both? is this a long expensive process? We just found out today. They have been dragging their feet for 2 months. We thought we were closing the deal this week.

The oil company may be concerned that it is possible that there are more heirs who were not listed on the affidavit of heirship and who could have claims. Your affidavit is not necessarily definitve legal proof of who owns what percentage exactly. Without a will and probate, state law determines who inherits. Suppose your grandmother had 4 children who should each own 1/4. If one died with no known heirs and then you learn he had a child that you did not know of, then that would affect title. Oil company does not want to pay you and then be faced with a previously unknown claimant.

Doris, what I was told is that an "affidavit of heirship" is virtually worthless, proving that you are the rightful owner, especially when it comes to an oil company paying you royalties. It may be worth your while to ask people here on this forum if they can refer you to a good attorney that can advise you what you will need to get a clear title to the minerals.