This is a general question and if I botch this up, I apologize ahead of time!! I would appreciate hearing from others who have had to try and get title to inherited mineral rights recorded in Caddo County. Two of my sisters have passed away since the last activity on our mineral rights. The ownership was not listed as part of their estates so it has not been dealt with. Now there is some interest in leasing. Is this going to present a big problem for all of us? If so, how do we now establish heirship? My niece called the County Recorder for advice and was told they could not help her as they were not attorneys. Their share is so small, attorney fees could eat up any funds coming to them.
Some companies will take a lease from family members that are in curative and some will not. Usually before any operator will put you in pay status on a new well you need any curative issues you have cleaned up. In your case you could probably do a quiet title to fix ownership issues and have clear title. The only other option is to do a probate and that usually takes about 6 months and 3,000.00. A quiet title is much cheaper 1,000.00- 2,000.00 and usually 1/2 the time. As far as the lease with curative issues it will very depending on the leasing company/ agent.
In my experience it was necessary to do a simple probate of the estate in order to legally transfer ownership, after which the heirs could lease the minerals. The legal fee is a negotiable cost. I paid $1,000 for a simple probate in Johnston County 2 years ago (which included court costs). Small town attorneys tend to have lower operating costs and their fees are lower.
Like anything, shop around.
Why can't she just do an affadavit of heirship. In summer of 2014 my mother did that for my deceased father's title to mineral rights. It required a form from the state of OK and a copy of the death certificate. Filing fees were $15 or so. Not an expert at these things at all but I am not sure why the clerk told you what she did...
Thank you Randy for the reply. This is more in line with what we expected and what we had to do both when my Father died and when my Mother died. I was so shocked when my niece got that kind of response. Why have to probate something so minute!! I think it would fall way under any probate requirements. Thanks to all that replied. I think we will call the person who contacted us from the leasing company. It has to be simpler and more cost effective!! I hope!
The landman that we signed the leases with back in summer 2014 helped my mom with that. My suggestion is that you do the same with your landman, before you sign the leases. They will help I think. We have leases in Caddo County, the county seat is Anadarko, they're very nice people there. Were from out of state but visited there in Sept. 2014, I think they can assist you. Tell them you want to inquire about an AFFIDAVIT OF DEATH AND HEIRSHIP.
I will have them call that number Randy. Thank you again. It's difficult to think about spending $1000 for a lease on 2.4 acres!! They balked at that and I don't blame them!
I think that is who they called last week but my niece really had very little information the first time she called so I have now given her more details. My brother-in-law was going to call the leasing contact today to see if they could help.
It is awkward when there is so little paper work to substantiate the ownership.
This is Joe Vance grandson of Lois (Finch) Vance. Other Finch offspring have also gotten offers for exploration and not all the offers have been identical, so the oil company is inferring a lack of knowledge of some decedents. After nearly 10 years after my father passed, I began change of ownership in Caddo county last fall. I've made two trips in person already (and to visit kin). The county is not helpful, at a minimum an abstract company must generated the successor documents. Please email me a phone number at citruslaser@gmail.com and I will call you.