I have inherited (me and three more) the following mineral rights:
25-11N-1W
30-T6N-1E
I know that it may not be worth it as you have already told me, but I want to make sure that our names and addresses are filed in the Cleveland County courthouse.
The problem is that I live permanently in Greece and it is impossible for me to contact the Cleveland County courthouse. I’ve sent a lot of emails but I never get an answer. I tried unsuccessfully to contact some lawyers too.
Can you suggest a lawyer who could help me with that?
Hello Athens, Greece. My husband inherited his mother’s mineral rights in Oklahoma. The drilling company helped us with preparing the Affidavit and Deed and we just had to get them filled out and notarized and we sent them to the Oklahoma Courthouse; no attorney needed. Also, you can contact www.OwnerRegistry.com They have a very helpful help desk and perhaps they can help you with any questions and companies that are drilling in your area. That’s how we found out the process, who to contact, etc. Good luck
In Oklahoma a mineral interest is an interest in land. After the death of an individual who owned the property in his/her own name (not in trust, transfer on death deed, joint tenancy, or life estate) there are two methods for the heir to be recognized as the owner:
Probate: This is a legal process that can often be handled in a fairly short amount of time (as little as 50-75 days). Many attorneys can handle these on a flat fee basis. For uncomplicated cases there is seldom a need for any of the inheriting family members to travel to Oklahoma. Once a final order is entered, a certified copy is filed with the land records. This transfers the interest from the estate of the decedent to the rightful heirs. Probate is appropriate even if the decedent did not leave a Last Will and Testament.
Affidavit of Heirship: This is a document that reports the decedent’s death, the names of decedents and surviving spouse. This is filed with the land records. Essentially this provides notice of the death and identifies those who are believed to be entitled to inherit. If there is a Last Will and Testament, it can be attached. Often heirs are asked to provide this when a lease is signed. However, there are a few problems with this approach. An affidavit of heirship does not provide “marketable title” to the heirs unless it has been on file for 10 years and nothing appears in the land records to contradict the affidavit. If there is a Will, many title attorneys question whether an affidavit of heirship is effective because only a court can determine the validity of a Will. Finally, many companies will not pay royalties on an AOH until the ten years have run. An AOH approach may make the most sense when the royalty payments are too small to justify the cost of a probate. Something that bewilders many is that the same company that took a lease and paid a bonus based upon an AOH will turn around and require a probate before paying royalties.
Most forum contributors here are not fans of the OwnerRegistry. The county where the land is located is the place where ownership is “registered”. Some go as far as to describe the OwnerRegistry as a scam. Personally, I see no value in paying them an annual subscription.
“”“This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.”“”
Thank you for your response!
There is a possibility that my relatives (rest of the heirs) have done an affidavit of heirship. But that happened many many years ago. More than twenty I think.
And now no one (of the heirs) remembers what exactly signed back then.
Also, no one has ever contacted us. A drilling company for example.
That’s why I want to make sure that our names and addresses are in the archives of Cleveland County Courthouse.
But I can’t find the way how to do it.
It’s a really old will and I’m trying (from Greece) to figure out what exactly happened back then.
I know that we are four heirs and we own only a few acres… but still. You never know.
Hello, Mike… I wonder if anyone let you know that foreign resident persons, even if they are U.S. citizens (like me), are not able to own mineral rights. I have a home in the U.S. that all information goes to and is forwarded to me, and a bank that is in the U.S. where the money goes. The company that digs the wells and sells the gas knows I am in Europe. That is how I am owning the rights. I have never had the government ask about this in the 28 years that I have owned them. Just so you know.
I question the validity of this statement. What do you base this on?
According to USDA data, foreign investors owned at least 35.2 million acres of U.S. agricultural land in 2019—2.7 percent of U.S. farmland, an area almost the size of Iowa. While foreign land ownership has been reported in all 50 states and Puerto Rico, the holdings are concentrated in particular states. The greatest share is in Texas, with over 4.4 million acres, followed by Maine (3.3 million acres) and Alabama (1.8 million acres). Over 40 percent of the additional 3.4 million acres acquired by foreign investors in 2019 was located in Texas, Oklahoma, and Colorado.
Canadian investors hold the largest share of this land, at 29 percent, with the Netherlands, Italy, Germany, and the United Kingdom collectively owning another 33 percent. The remaining 38 percent is held by entities from almost a hundred other countries. Although Congress has become increasingly concerned about Chinese land purchases, investors from China currently own only a small fraction of this land, at 191,652 acres (0.05 percent of the total).
I made a research via Cleveland County self-service and I found that only one of the heirs (the one that lives permanently in the States) has made an affidavit of heirship.
What does this mean for the rest of us?
And how can we also make an affidavit of heirship?
I remind you that the remaining heirs live permanently in Greece.
I say once again that I know it might not be worth it because I don’t think we’ll ever make any profit from it, but at least I want everything to be done right.
I can’t say that I have fully understood all the details of the description (it’s so complicated) but I know that it’s not like a …treasure and we should probably drop it.
The affidavit of heirship relates to a decedent. So, if a father dies, and one of the children fills out an affidavit, then that lets everybody know of the death and the heirs, if accurate. All of the children don’t have to fill one out.
Now, if there have been other deaths since then, then additional affidavits may be necessary.
Please note that the first description is property in Beckham County, not Cleveland. So you would need to check okcounttyrecords.com for Beckham County.
